Already a member? Sign in.

Username/Email:
Password:
 
  Not a member? Sign up now
Posted on 31 Oct 2009
Q.

Filing I-130 after I-140 is approved.

My wife and I are Indonesian nationals. I have a greencard. My wife is on H1-B visa since Oct 1, 2006. Her employer is sponsoring greencard for her (EB-3). The I-140 petition has been approved, with priority date of May 2008.

It seems that she can apply for I-485 sooner if we go through the family-based route. (FB-2A)

My questions are:
1) Can I file I-130 for my wife since she already has I-140 petition approved?
2) If so, do both petitions remain valid? Can she use whichever one becomes current first?
3) If neither of the EB3/FB2A priority date becomes current when she has used up her 6 year H1-B, will she be able to get H1B year-to-year extension?
4) Does I-485 processing take similar time for EB and FB application?
5) Is there any drawback for doing this?

User's Location: McLean, Virginia, United States of America
Category: Family-based Green Card
Posted on 01 Nov 2009
A.
Want to see the lawyer's answer? Become a member today!
 
 
 
   Already a paid member? Sign in now.
Got a specific question? Ask your question for only $14.95!
User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

Browse answers by topic

EMPLOYMENT-BASED GREEN CARD

H1B VISA (WORK VISA)

L1 VISA (WORK VISA)

F1 VISA (STUDENT VISA)

J1 VISA (STUDENT VISA)

B1 VISA (BUSINESS VISA)

B2 VISA (VISITOR VISA)

FAMILY-BASED GREEN CARD

K1 VISA (FIANCEE VISA, FIANCE VISA)

    K3 VISA (MARRIAGE VISA)

      US CITIZENSHIP AND NATURALIZATION

        GREEN CARD LOTTERY (DV LOTTERY)

          ALL OTHER US VISAS

          GENERAL IMMIGRATION

          Dimitar Michailov's Answers on H1B Visa (Work Visa): H-1B Transfer
          User_thumb_100_Photo_Dimitar_Michailov
          Dimitar Michailov
          Immigration Lawyer
          1725 I Street NW, Suite 300
          Washington, DC 20006
          (888) 878-4721
          www.cilawgroup.com
           2,016 answers
          Feedback from users:
          Satisfied 
           (233)
          Neutral 
           (35)
          Unsatisfied 
           (0)
           324 phone consultations
          Feedback from users:
          Excellent 
           (323)
          Good 
           (1)
          Average 
           (0)
          Poor 
           (0)
          Terrible 
           (0)
           100% Immigration Law
          Nonimmigrant Visas Adjustment of Status
          Employment-based Visas U.S. Citizenship
          Family-based Visas Labor Certification
          Green Cards Expedited Processing
          Reentry Permits Waivers
          AC21 NAFTA Applications
          H,L,F,J Visas Global Transfers