| Q. |
Wife working on EAD, can she start new Green Card process?
My details -- EB3-India, MAR 2005 PD, Filed 485/EAD for me and my wife in July 2007.
My wife currently works on an EAD she got using the dependent 485 application. We work in different cities. My wife has decided to move back with me and resign from the job. In an effort to keep her, my wife's employer has asked her if she wants her employer to start a Green Card process on her behalf. Is it feasible and is there any compelling benefit to us in doing this? If yes, what are the steps involved. Does she need to work on H1. My wife has a Master's degree and her position may qualify for EB2.
User's Location:
Atlanta, Georgia, United States of America
Category:
Employment-based Green Card
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| A. |
Its always better to have more than one option, so having your wife's employer initiate a green card process for her will give the family "two irons in the fire." With an EB-2 application, it is possible that her process will overtake your EB-3 process and result in faster Green Cards.
Process is probably similar to what was done in your case, ie advertising and PERM filing with Dept of Labor, then I-140 visa petition. Await 485 filing until PD is current.
H-1B probably not necessary [since existing and successor EADs from current process should provide adequate Work Auth], but again, two things are always better than one thing in this uncertain world.
Best of luck! Jim Mayock |
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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