AC21 Portability and Wife's AOS application

csuskings

Registered Users (C)
I need your help. Please let me know the information I got from my lawyer is correct

(1) I have my Labor, I140 approved and I485 filed last August (2007). My priority date is July 2006 in EB3 category.

(2) I am presently on H1b and changing my job. My H1b transfer is approved and I am filing for my AC21.

(3) My wife is on H1b presently. She has never filed for I485 because when I filed for I485(AOS) we were not married.

(4) My new employer's lawyer is telling me that now she is eligible to file for I485 (AOS) application along with my AC21.

My question is
Is the information from new layer is correct, can we file for her I485 with my AC21 even though priority date for my PR application is not current?

I just want to make sure that I am not misguided. Your help is much appreciated.

Regards,
Bakul
 
I need your help. Please let me know the information I got from my lawyer is correct

(1) I have my Labor, I140 approved and I485 filed last August (2007). My priority date is July 2006 in EB3 category.

(2) I am presently on H1b and changing my job. My H1b transfer is approved and I am filing for my AC21.

(3) My wife is on H1b presently. She has never filed for I485 because when I filed for I485(AOS) we were not married.

(4) My new employer's lawyer is telling me that now she is eligible to file for I485 (AOS) application along with my AC21.
----------------------------Request your employer to change the lawyer.
My question is
Is the information from new layer is correct, can we file for her I485 with my AC21 even though priority date for my PR application is not current?

I just want to make sure that I am not misguided. Your help is much appreciated.

Regards,
Bakul
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