Parallel green card processing

[rusl]

Hi all,

Both my wife and I are under L1 visa and each of us has started the green card process in his own workplace.
What is the milestone that needs to be reached in order for the other one to stop the process in his workplace?

Thanks!!

[krypton9591]

Hi all,

Both my wife and I are under L1 visa and each of us has started the green card process in his own workplace.
What is the milestone that needs to be reached in order for the other one to stop the process in his workplace?

Thanks!!

one of you would need to be an L2 and have filed for a joint AOS application.

[rusl]

one of you would need to be an L2 and have filed for a joint AOS application.

We're both on L1. The processes are seperate.

[krypton9591]

right but if you are wanting to stop the process for one, but have both of you obtain a green card, either you will need to continue with the process separately, or have started a joint application as an L1 and L2 originally.

[rusl]

right but if you are wanting to stop the process for one, but have both of you obtain a green card, either you will need to continue with the process separately, or have started a joint application as an L1 and L2 originally.

up until now no one asked us what's the spouse's visa - L1, L2 or something else. Dependant information request will come next and does not seem to matter for PERM.

[scientist2016]

right but if you are wanting to stop the process for one, but have both of you obtain a green card, either you will need to continue with the process separately, or have started a joint application as an L1 and L2 originally.

I think this is incorrect. As far as I know, for AOS, the spouse need not be on a dependent visa. So, you need not discontinue either of your processes just yet. However, once one of the petitions reaches the AOS stage, AOS on the other petition can be held off.

[rusl]

I think this is incorrect. As far as I know, for AOS, the spouse need not be on a dependent visa. So, you need not discontinue either of your processes just yet. However, once one of the petitions reaches the AOS stage, AOS on the other petition can be held off.

I believe you're right. The spouse's visa makes no difference as long as he's legal.
The right way moving FWD seems to be: wait for one of us to get the I-140 approved (expedited processing shouldn't take long) and only then continue with the AOS, while stopping the second, parallel process.

[scientist2016]

I believe you're right. The spouse's visa makes no difference as long as he's legal.
The right way moving FWD seems to be: wait for one of us to get the I-140 approved (expedited processing shouldn't take long) and only then continue with the AOS, while stopping the second, parallel process.

Stop the second one only after it too reaches the I485 stage. The parallel processing of I140 can continue unhindered.

[rusl]

Stop the second one only after it too reaches the I485 stage. The parallel processing of I140 can continue unhindered.

Can you explain why I should even start the second I-140 if the first one was already approved? What risk am I mitigating?

[scientist2016]

Can you explain why I should even start the second I-140 if the first one was already approved? What risk am I mitigating?

A potential case could be: Say you would like to move away from your current employer before the completion of the whole I485 process. In that case the second I140 would be an insurance, and would allow you to get a GC. Since I140 often does not involve any burden, financial or otherwise on your part, my opinion was that there is no harm in letting the process play out.

[rusl]

A potential case could be: Say you would like to move away from your current employer before the completion of the whole I485 process. In that case the second I140 would be an insurance, and would allow you to get a GC. Since I140 often does not involve any burden, financial or otherwise on your part, my opinion was that there is no harm in letting the process play out.

Thanks. My concern was that having both I-485 (submitted as a dependant) and I-140 (submitted as a primary) in-flight could cause some confusion/contention/delay. Is it safe?

[scientist2016]

Thanks. My concern was that having both I-485 (submitted as a dependant) and I-140 (submitted as a primary) in-flight could cause some confusion/contention/delay. Is it safe?

I140 & I485 processing are two completely different/independent processes. In fact you can have multiple I140s filed in your name at any time. There is no confusion there.