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s****s
发帖数: 775 | 1 急问我降到eb3后 485 pd current，老婆是我的dependent；同时老婆是faculty，她学
校也准备file eb1b，目前还在搜集推荐信阶段，她会把我加为dependent,到底走哪条
路？？
她的eb1b case比较弱，在我看来存在一定风险，我和公司的律师沟通后，律师回应如下
You must choose. One option would be to let us file your EB-3 downgrade I-
140 and you and your spouse’s I-485 AOS based on your EB-3 downgrade and
ask the university ONLY to file an I-140 for the EB-1 petition for your
spouse without AOS’s accompanying it. You and your spouse will get EAD/AP
based on your EB-3 downgraded I-140, but if EB-3 retrogresses and your AOS’
s are stuck but your spouse’s EB-1 gets approved, you could then upgrade
your AOS’s later by notifying the Service.
We’ve assisted people in such situations with such letters to the Service ,
it is difficult to get the Service to respond to those kinds of subsequent
requests, but we have had success getting AOS basis changed and approved.
If you are at all nervous that your spouse’s EB-1 petition might get denied
, as USCIS has been tending to deny EB-1 petitions lately, then less
potential harm in pursuing this as outlined above. I imagine you should
discuss this with your spouse to decide.
我究竟还要不要降级了，还是就等老婆那边算了。请大家给我出出主意，多谢！！ | k******e
发帖数: 8870 | 2 at the 140 phase, the spouse is not involved. let ur lp file her 140 while
waiting for u two's 485.you never know whether ur eb3 485 will backward
sometime...
如下
【在 s****s 的大作中提到】
: 急问我降到eb3后 485 pd current，老婆是我的dependent；同时老婆是faculty，她学
: 校也准备file eb1b，目前还在搜集推荐信阶段，她会把我加为dependent,到底走哪条
: 路？？
: 她的eb1b case比较弱，在我看来存在一定风险，我和公司的律师沟通后，律师回应如下
: You must choose. One option would be to let us file your EB-3 downgrade I-
: 140 and you and your spouse’s I-485 AOS based on your EB-3 downgrade and
: ask the university ONLY to file an I-140 for the EB-1 petition for your
: spouse without AOS’s accompanying it. You and your spouse will get EAD/AP
: based on your EB-3 downgraded I-140, but if EB-3 retrogresses and your AOS’
: s are stuck but your spouse’s EB-1 gets approved, you could then upgrade
| s****s
发帖数: 775 | 3 thanks a lot! so are you suggesting me to follow exactly what my company
lawyer said? basically, i concurrently file eb3 140+485 for both of us;
while my wife only files eb1b 140?
if her eb1b 140 gets approved AND my eb3 pd is still current while 485
pending, shall we wait for my eb3 485's approval, or should she instead file
her eb1b 485 (which has me as dependent)? which way is better?
【在 k******e 的大作中提到】
: at the 140 phase, the spouse is not involved. let ur lp file her 140 while
: waiting for u two's 485.you never know whether ur eb3 485 will backward
: sometime...
:
: 如下
| m****o
发帖数: 467 | 4 似乎485每个人只能交一份吧
所以如果你先同时递了eb3的140和你们两个人的485, 你夫人只需要自己递eb1b的140。
当你夫人的eb1b 140批了时如果你的140还未处理，你夫人可以给uscis发信把你们二人
的485转到你夫人名下进行身份调整
这样做的最大好处是会比较早拿到ead卡
祝好运～～ |
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