Legal Question in Immigration Law in California

Family based GC

My LC filing date my employer is Aug 2001, the LC was filed as RIR in California, then it was remanded by DOL back to state as NON-RIR. They received 45 days letter from BEC in Dec 2005, but no further progress.

My wife has a GC since Jan 2002. She will be eligible to apply for US Citizenship in Oct 2006. After getting the citizenship, she can file for a family based GC for me, provided there is no progress on the employment based GC.

Currently the PD for LPR 2A category for country India is 15 Jan 2002.

http://www.immigration.com/newsletter/2006-01.html

Can I use my employment based GC's priority date (Aug 2001) to file family based GC (concurrent I-130 + I-485) through my wife? What's the wait time in this case?

Or should I wait till she becomes a citizen?

How much will it cost me?

Please advise.

Thanks.


Asked on 1/12/06, 2:17 am

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Family based GC

Clever but no. There's no provision to take advantage of the employment-based priority date and use that in family-based so that you can now file for adjustment. To take advantage of the employment-based priority date before Apr. 30, 2001 for the purpose of grandfathering under 245i in a later I-130 petition has been allowed by the CIS. Preservation of the priority date is permissible in family petitions when the beneficiary changes to a different category, such as going from 2B to first-preference, but obviously, your situation is different.

Larry "Liem" Doan, Esq.

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Answered on 1/12/06, 2:52 am


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