QUESTION:

I am in the U.S. on an H-1B and my wife is on an H-4. My company will start my residence process, probably using the EB2 category.

But, in 2006 my wife’s sister filed an I-130 immigrant petition for relative. I am not sure I am included in that request. I just see my wife's name in the Beneficiary section on the I-797.

My question is if this parallel process might affect my EB2 process, whether my wife’s sister has including me or not?

IMMIGRATION ANSWER MAN:

The two processes are parallel to each other and will not have any effect on the other. According to the Visa Bulletin, visa availability for the EB-2 preference category is current except for nationals from China and India, which are currently available for May 2006 priority dates. Visa availability for sibling petitions (F-4) are currently in 2001 for nationals of most countries.

You cannot transfer the priority date from your wife’s family-based petition to your employment-based petition.

Your name may have been included on the Form I-130 application, if you were married to your wife at the time. However the primary beneficiary is your wife, and your name would not be listed on the I-797 notice. You are still eligible to benefit from the petition as your wife’s derivative beneficiary, even if your name was mistakenly left off the application, as long as you remain married to your wife.

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* Ari Sauer is an attorney with Siskind Susser, PC. For Ari’s full bio, visit http://www.visalaw.com/ari.html. You can schedule a consultation with Ari or with one of Siskind Susser’s other attorneys by calling 1-800-343-4890 or 901-682-6455. 

On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney client relationship. Immigration laws and regulations are constantly changing. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney.