Michael E. Piston

Although you can file an I-140 if you are already a permanent
resident, you are not eligible to apply for adjustment of status
because of Section 245(c)(7) of the Immigration and Nationality Act,
which prohibits adjustment of status by:

"any alien who seeks adjustment of status to that of an immigrant
under section 203(b) and is not in a lawful nonimmigrant status;"

Section 203(b) refers to all employment based preference categories,
including EB-1. Of course being a permanent resident is not a lawful
NONIMMIGRANT status.

Therefore, you can file an EB-1 I-140 for yourself and, if it is
approved, you and your wife can go to a consulate and apply there for
an immigrant visa. The Department of State has said clearly that it
will issue immigrant visas for persons who are already permanent
residents. So that way your wife will be able to immigrate with you
while you re-immigrate.

Of course, that does not resolve the issue of how to keep your wife in
a lawful status until the I-140 is approved and you and she are
scheduled for an interview. I suggest that she look carefully at
extending her current classification or finding another one, such as
F-1, to change to.

Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 206/770-6350

The statements above have not been confirmed by legal research, and
are not intended as legal advice nor to create an attorney-client
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Takeshi Furuyashiki <> wrote in message news:<brb5it$n3n$>...
    > Hello, U.S. immigration experts! Here's a crazy question for you!
    >
    > I already have a "green card" (got it less than a year ago), but my wife
    > does not, and her legal status in the U.S. has run out a few weeks ago.
    > I want to get her a "green card", or at least find a legal way to keep
    > my wife in the United States indefinitely with the ability to work and
    > travel. So, here's the crazy question:
    >
    > * Can I file an I-140 - say, in the EB1.1 (Extraordinary Ability)
    > category, for which, I think, I qualify - even though I am already an
    > LPR? (That is, without giving up my LPR status.)
    >
    > * Furthermore, can I file an I-485 for my wife concurrently with that
    > I-140? Would I have to file I-485 for myself as well?
    >
    > Keshi
    >
    > P.S. If you could suggest an alternative way to keep my wife in the
    > United States for five or so years, please let me know (she is not gonna
    > be able to get an H-1B for herself) - but it is primarily the first
    > question that I would like to hear opinions on.