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F4 And Eb2

Discussion in 'Family based immigration' started by brarm433, Oct 17, 2016.

  1. brarm433

    brarm433 New Member

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    I am trying to find a answer but no luck. Please help.

    I would appreciate if you can give me some direction.

    My case situation is like this -

    My wife is on EB2 ( NIW Physician, India born) and filed for her I485 and EAD. I am currently working in the US on TN1 being a Canadian citizen (India born) and has not filed for adjustment of status based on wife for H4 and EAD. My brother has applied under family based F4 category and it will be current soon hopefully.

    Scenerio 1

    My question is if my PD (F4) becomes current before her, does she need to apply new i485 with me and in that case, what will happen to her i485 petition based on EB2? Would it still be active in case we want to use that if her PD becomes current before mine due to F4 unknowns like retrogression.

    Or She don’t need to file new I 485? Do we need to write some letter to explain them the situation or it will be automatic ?

    Scenerio 2

    If I file AOS with her and get EAD and H4, What would be the process if my F4 PD becomes current before her? Do we both need to file new I 485 again as the document requirements is different for i130 F4 like affidavit of support etc.
     
  2. donisback

    donisback Guru

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    your FB and her EB petitions are totally separate . you can have both the petitions simultaneously with USCIS.
     
  3. brarm433

    brarm433 New Member

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    You mean she should apply second I 485 with me as principal or the older EB 2 485 can be used against both the petitions.
     
  4. donisback

    donisback Guru

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    no dude. they are separate petitions.
     
  5. brarm433

    brarm433 New Member

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    Please elaborate no for what ? I am new to this.
     
  6. donisback

    donisback Guru

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    you can have two separate i-485 based on EB2- NIW and F4 simultaneously. they are separate cases ..If you get GC in EB2-NIW through wife, you can just cancel the F4 GC petition or vice versa. its simple

    You can have both the cases filed with USCIS at the same time.
     

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