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-   -   I 140 now current (https://archive.immigrationvoice.org/forum/showthread.php?t=1598179)

ras 06-11-2010 05:02 PM

I 140 now current
 
Here is a scenario:

Previous I 140 (EB2 PD Sept 2005) approved and is now current

Current I 485 filed based on another I 140 with PD in Dec 2006.

Can port over to the previous I 140 and can make I 485 current. The issue here is still unmarried so would like to hold on for few months to port over the PD.


Do you see an issue if porting is not done from Dec 2006 to the PD in Sept 2005?

How does it work if married after 3-6months and then want to port the PD for the spouse as well? Does Previous I 140 PD still hold good?

deecha 06-14-2010 01:04 PM

Since your PD is current you can withdraw your old I-485 and file a new one based on the approved I-140 whose PD is current. You could send in your Wife's I-485, in the packet, at this point. Make sure though, that you still have that job available if you do it this way.

You could also use CP, if you go this route and get your wife in on a green card directly.

Alternatively, you could interfile and in the letter state bring to notice that your PD is current and you could send in your wife's I-485 application along with the I140 to be interfiled and explain so in the letter.

I am not a lawyer and this does not constitute legal advice.

willIWill 06-14-2010 01:31 PM

Do not port now, as you will risk getting your green card!! As weird as it may sound, you are much better off, if you do not get your GC now. With a PD in Dec 2006 you still have plenty of time to get married and bring your spouse in H4. Once you have your spouse in US then port to your old PD of Sep 2005 (which should stay current for many months to come) and your spouse can file her derivative I-485.

If you fiancee is already in US say in H1, then you two can work it out in different ways. If your spouse is not in US and you get your GC before marriage, then you have a very very difficult choice to make; option 1: spouse OR option 2: GC. NOT both

All the best.

Quote:

Originally Posted by ras (Post 1963468)
Here is a scenario:

Previous I 140 (EB2 PD Sept 2005) approved and is now current

Current I 485 filed based on another I 140 with PD in Dec 2006.

Can port over to the previous I 140 and can make I 485 current. The issue here is still unmarried so would like to hold on for few months to port over the PD.


Do you see an issue if porting is not done from Dec 2006 to the PD in Sept 2005?

How does it work if married after 3-6months and then want to port the PD for the spouse as well? Does Previous I 140 PD still hold good?


ras 06-15-2010 04:01 PM

thanks
 
thanks folks for responding to the query.

Attorneys it would be great if you can give your opinion.


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