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Dear all,
I am a novice related to immigration matters. We have a peculiar situation and any pointers or advise is greatly appreciated:
1. My employer filed for labor cert in EB-2 category. After that they filed for I-140 and I-485 concurrently in August 2007.
2. I am in the Indian category and the I-140 is currently retrogressed.
3. Recently, my wife's employer agreed to file in the EB-1 category.
4. Her I-140 got approved within 6 weeks.
5. So now my wife's company's attorney says that they can link my I-485 with my wife's approved I-140. My company had filed for I-485 for my wife, son and me. Thus, we have already done the medical tests and other paperwork like birth certificate etc.
6. Question - is that possible? Can my wife's attorney become the attorney of record by filing new G-28 and then just take over the I-485 that were filed by my company and then use those with my wife's approved I-140?
The confusion? My wife's attorney obviously think this is possible since they recommended this route instead of filing for new I-485 for the three of us. However, my company's attorney say that this is not possible and brand new I-485 must be filed by my wife's attorneys.
Who is correct? Both are big name immigration firms hired by two companies each with greater than $5 billion in revenue. We are confused and scared.
Thanks and regards,
Gaurav
I am a novice related to immigration matters. We have a peculiar situation and any pointers or advise is greatly appreciated:
1. My employer filed for labor cert in EB-2 category. After that they filed for I-140 and I-485 concurrently in August 2007.
2. I am in the Indian category and the I-140 is currently retrogressed.
3. Recently, my wife's employer agreed to file in the EB-1 category.
4. Her I-140 got approved within 6 weeks.
5. So now my wife's company's attorney says that they can link my I-485 with my wife's approved I-140. My company had filed for I-485 for my wife, son and me. Thus, we have already done the medical tests and other paperwork like birth certificate etc.
6. Question - is that possible? Can my wife's attorney become the attorney of record by filing new G-28 and then just take over the I-485 that were filed by my company and then use those with my wife's approved I-140?
The confusion? My wife's attorney obviously think this is possible since they recommended this route instead of filing for new I-485 for the three of us. However, my company's attorney say that this is not possible and brand new I-485 must be filed by my wife's attorneys.
Who is correct? Both are big name immigration firms hired by two companies each with greater than $5 billion in revenue. We are confused and scared.
Thanks and regards,
Gaurav
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