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  1. #1
    Join Date
    Mar 2015
    Posts
    1

    Post When to File Form I-140 for a Person Transfering from EB3 to EB2

    I am looking for some recommendation on what would be the right course of action for me in my situation. I am an Indian national and have been working in Semiconductor field for last 8 years or so with the same employer on H1B Visa. My employer filed for my Green Card in 2007 under the EB3 category. My priority date from that petition is in August 2008. I completed my Masters in 2012 and my job profile changed in 2013, so I got my employer to upgrade my case to EB2.

    My Labor Certification Approval just got approved under the EB2 category and now the corporate lawyers are asking me to file I-140 petition. Here's where I have the dilemma, the government is right now processing EB2 cases with priority date of September 2007 for Indian nationals. I am not sure, if I should wait to file the I-140 and file it along with the Adjustment of Status petition.

    I am single at this point and the other dilemma that I have is what if I get married to someone from other country. What would be the best time to include spouse/significant other on my case, if they are a foreign national? How does me getting a Green Card affect the immigration of my potential partner? Do I need to be married first to include the spouse name on I-140 or that can be added at later stage and what stage would that be?

    Any recommendation and feedback will be highly appreciated.

    Thanks,

    Sam

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: When to File Form I-140 for a Person Transfering from EB3 to EB2

    If you hold a H1b visa and wish to bring a spouse to the United States, the most sensible thing to do would be to bring your spouse to the U.S. on a H2 visa. If you wait until you are in EB-2 status your spouse can seek admission in E-21 immigrant status.

    You can only obtain an EB-2 visa if your employer files a Form I-140.

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