EB2 Visa with a twist

[mitzab 285]

This is a question from a good friend your advice is highly appreciated 

 

-- I am currently gainfully employeed in Pakistan, I have a fantastic job offer and the company said they will sponsor the EB2 visa, the employer has already received certification from DOL and has sent me a job offer letter (they are willing to wait as it takes more than a year for this to go through approximately).

 

My wife is currently in Dubai with our kids (for contractual work reasons) her brother who is a USC applied for her immigration in July 2011, my wife receieved the I-797C dated for August 2011. (The I-130 was applied after our wedding, the i797 only has my wife's name and not mine or our kids either)

 

Currently on the USCIS website it shows that they receieved the application in August 2011 and thats about it, no movement and we are not even sure at the moment what our current dates are and what are the next steps on it. (any information on this will be also appreciated)

 

So, I have this job offer (EB2) with potential Adjustment of status option right away and then I have this immigration filed 10 years ago. I am trying to convince my wife that it is a better option for me to accept the job and try the route or as my wife is suggesting wait a couple of years (her brother said 2 years max). 

 

If I go through the EB2 will that mean my wifes immigration file will be canceled? (at the moment if I go EB2 route my wife and kids will stay in Pakistan) 

Let's say for some reason my EB2 is applied and it does not go through will it negatively affect her immigration file (I am assuming at some point our kids and my name will be added on it)

 

What are your suggestions. 

 

Thank you in advance.

 

 

 

 

 

 

 

[arken 4,197]

Through you:

EB2: 1-3 years. During visa processing phase, entire family can apply for the immigrant visa and if approved the whole family can immigrate to US at once.
 

 

Through your wife via her brother's petition:

Visa interview: in 4-5 years. During visa processing phase, entire family can apply for the immigrant visa and if approved the whole family can immigrate to US at once.

 

Going EB2 does not affect the existing petition in any way even if EB2 is subsequently denied.

[Coco8 1,042]

EB2 option is a lot better. It will be faster, the whole family will get it at the same time, and your job will pay for part of your application fees plus a lawyer. 

 

Also, Pakistan has a very long AP. Your wife wants to wait several more years for her brother's application, but then you all need to be added to that, plus you can go to the interview at the consulate and be put in administrative processing for several years. 

 

Going through you work, that shouldn't happen.

 

(Sorry, not you, your friend.)

Edited November 20, 2021 by Coco8

[igoyougoduke 1,656]

18 hours ago, mitzab said:

This is a question from a good friend your advice is highly appreciated 

 

-- I am currently gainfully employeed in Pakistan, I have a fantastic job offer and the company said they will sponsor the EB2 visa, the employer has already received certification from DOL and has sent me a job offer letter (they are willing to wait as it takes more than a year for this to go through approximately).

 

My wife is currently in Dubai with our kids (for contractual work reasons) her brother who is a USC applied for her immigration in July 2011, my wife receieved the I-797C dated for August 2011. (The I-130 was applied after our wedding, the i797 only has my wife's name and not mine or our kids either)

 

Currently on the USCIS website it shows that they receieved the application in August 2011 and thats about it, no movement and we are not even sure at the moment what our current dates are and what are the next steps on it. (any information on this will be also appreciated)

 

So, I have this job offer (EB2) with potential Adjustment of status option right away and then I have this immigration filed 10 years ago. I am trying to convince my wife that it is a better option for me to accept the job and try the route or as my wife is suggesting wait a couple of years (her brother said 2 years max). 

 

If I go through the EB2 will that mean my wifes immigration file will be canceled? (at the moment if I go EB2 route my wife and kids will stay in Pakistan) 

Let's say for some reason my EB2 is applied and it does not go through will it negatively affect her immigration file (I am assuming at some point our kids and my name will be added on it)

 

What are your suggestions. 

 

Thank you in advance.

 

 

 

 

 

 

 

you can have both EB2 and family petition going through at same time. no issues to have both going on at same time . Eb2 will take 3-4 years to get green card.