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My wife and I used to be Indian citizens born in India. I…

My wife and I used...
My wife and I used to be Indian citizens born in India. I moved to the USA in 2007 with a H1B visa as a systems analyst while my wife was on H4 visa. My employer, XYZ began processing my green card in the EB3 category . I have a priority date of 20 Dec 2007 with an approved I-140. In 2011, my wife and I received Canadian permanent residency and we moved to Canada. We received Canadian citizenship in 2015. In November 2016, I again joined XYZ back, this time on a TN1 visa as a systems analyst. XYZ claimed the time left on my earlier H1B visa and changed my status from TN1 to H1B in Feb 2017 (again employed as a systems analyst but with a higher salary than 2011) . In May 2017, XYZ initiated steps to process my green card in EB2 category and filed my labor perm in November 2017.My labor PERM is currently in process in EB2. My wife continued to stay in Canada during this period of time though she had a H4 visa. My H1B expired in Feb 2018 and has been sent for renewal. My wife's H4 also expired in Feb 2018 while she was still in Canada. Meanwhile, my EB3 application has become current this month. My EB3 I-140 is still valid and I am with the same employer. I believe these are my options , please confirm . Option 1 - File my I-485 as Adjustment of Status. Convert my H1B processing to premium processing. Once my H1B is approved, courier my approved I797 to my wife in Canada. My wife will get her H4 at the US border post based on my approved I797. Then, she can enter the USA on a H4 visa and file for adjustment of status. Option 2- File my I- 485 as adjustment of status and also file I- 824 for my wife for a consular processing( follow to join process), thereby splitting her application from mine as she is in Canada and I am in USA. When can I file I-824 ? Do I need to be a green card holder to file it or can I file during my I-485 filing.( concurrently) Which office should the I- 824 application sent to if I have to file with my adjustment of status? or can I hand over the I-824 directly to the USCIS officer during my AoS green card interview. Is it true that this will delay my reunion with my wife for a long time ie. my wife will have to wait for a long time after I get my green card for her US green card interview (we have an 8 year old daughter who was born in the USA, and a delay in my wife getting her green card will be extremely difficult from the family perspective) Option 3- File I-824 and change the entire application to consular processing so that we may apply for our green cards together at the US consulate in Canada. Option 4 - Any other options other than the above? What are the pros and cons of the above options? What should I do with the EB2 labor application which is being processed. Could denial of the EB2 labor PERM affect my EB3 AOS? Given that our priority date is current, can my wife travel to the USA on a visitor visa to meet me as her H4 has expired and I am still waiting for my H1B approval .
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Answered in 5 hours by:
3/15/2018
Edward Young
Category: Immigration Law
Satisfied Customers: 333
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a few minutes to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Option 1: This is a viable option and perhaps the fastest. File your spouse’s I-485 at the same time as you file yours. Your spouse or child (unmarried and under 21 years of age) of a principal applicant (that is you) can file Form I-485 if an immigrant visa is immediately available to you and you meet all the filing requirements. Your spouse may file at any of the following times: 1. At the same time, you file Form I-485; 2. After you have filed a Form I-485 that remains pending a final decision by USCIS; 3. After USCIS approves your Form I-485, if she is still a lawful permanent resident and if, at the time of your Form I-485 approval, age is still your spouse; or 4. After you have obtained an immigrant visa and entered the United States as a lawful permanent resident if she is still a lawful permanent resident and if, at the time of your Form I-485 approval, age is still your spouse

Option 2: Your best option is to file the I-485 concurrently. You can only use Form I-824 if you already have an approved green card application. See I-824 instructions, Your country of birth determines your priority date, not the country where you became a naturalized citizen. So, if you were born in India then your priority date goes by India priority date no matter what citizenship you currently have. Waiting for the I-485 to be approved can take a long time.

Option 3: Doesn’t help you. Again, the I-824 can only be filed on an approved application and being a Canadian citizen does not help you because you were born in India.

Option 4: I am not aware of another option at this point.

The denial of the EB-2 labor PERM should not affect the EB-3 adjustment of status since you already have the EB-3 labor certification approved.

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Edward Young
Category: Immigration Law
Satisfied Customers: 333
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
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