I am from India and my spouse is from European country(EU).
I am in H1-B visa. If I have an approved I-140 for green card processing, then I know my wife on H4 visa become eligible for EAD with which she can work for any company in US.
Lets say if employer of my spouse whom she works with EAD files for green card for her. As per her country the wait time is current for EB-2. So, is there a chance she can get green card quicker than me?
I need some clarification.
What’s your priority date and EB classification?
Well… I think there is no need to file a separate i140 for her… you can take your spouse’s country of chargeability for your case and file i485 which is current if your spouse is from EU.
If you have not filed i140 yet,you can file it concurrently means i140 and i485 together and get the GC within a year by taking your spouse’s country of chargeability.
@hotpinkish My case is not filed yet, I am getting ideas. Most probably it will be filed in EB-2.
@Gupta Thanks Payal. But isn’t it I-140 is filed by the employer/company? I can’t file myself.
I will be in H-1B and she will be in H4 visa(dependent). How can my I-140 and her be filed together based on dependent country of origin. I don’t understand. Can you elaborate how?