I have applied for GC and my I-140 has been already approved. My PD is July 2010 which is current. My wife is in India and cannot travel for next 6-7 months. I have following question- 1. As my priority date is July 2010 and based on inventory it will take minimum 1 year to get GC, should I wait till my wife is back to US and then apply I-485. Will this impact my GC date? 2. Should I apply GC for myself and apply for my wife later once she is back in US. In this case if I got GC availability, how will I come to know? Will I get time so that I can apply 485 for my wife before my I-485 get approved? Please suggest.
The choice of whether to apply for yourself or to wait for your wife to come back in order to make the application for adjustment of status is up to you. You are probably aware by this time that the Department of State has changed the October filing date for EB-2 India from 7/1/11 to 7/1/09, making your date unavailable if you are filing under that category. Assuming that your priority date clears before your wife is set to return, you can wait or apply for the green card for yourself and apply for your wife later when she is back in the States. If you take the latter course, you will know ahead of time when U.S.C.I.S. can approve your case at the earliest through looking at the “final action” visa chart for each month that your case is pending adjustment of status. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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