Add wife to I485, then have her file EB2 LC - can she capture my PD?

A

arrakis

New Member
Hi,

-> My wife is on H-1B.
-> I have an I-485 filed and it's been pending for > 180 days.

Question:

1) Can I add my wife to my pending I-485?

If yes, ​

2) Can she capture my PD of Sep-01 after she's been added to my I-485, and thereaftershe files a Labor Cert. under EB2?

My logic behind this thought is that once she's added to the I-485 her PD is same as mine. If this is true then she can x-fer this PD to a new LC. BTW: This will be her first LC filing.

Thanks,
Arrakis

PD - Sep 01 (EB3-India)
 
arrakis said:
Hi,

-> My wife is on H-1B.
-> I have an I-485 filed and it's been pending for > 180 days.

Question:

1) Can I add my wife to my pending I-485?
If PD is current then she can file I-485, otherwise not. It seems that your PD is EB3 Sep 2001, then she can NOT file I-485. She has to wait until the PD is current.

If yes, ​


2) Can she capture my PD of Sep-01 after she's been added to my I-485, and thereaftershe files a Labor Cert. under EB2?

My logic behind this thought is that once she's added to the I-485 her PD is same as mine. If this is true then she can x-fer this PD to a new LC. BTW: This will be her first LC filing.

In order to port PD, same person must have two (or more) active and approved I-140 in his/her name. She can not port PD using your PD on your approved I-140.

Thanks,
Arrakis

PD - Sep 01 (EB3-India)
Click to expand...

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Just my views. Check details with your lawyer/attorney.
 
If your wife is born in another country other than yours, there is something like cross changebility of PD. Now do not get confused. It is a different subject.

For eg: If you were born in India (just for the sake of eg) and your wife was born in UK (again just for eg, dont get offended) then if you have file I-485, your application PD will be determined by your country PD (prioirity date). However since your wife is from another country, then they can give you UK priority date. You would have to prove that she was born there even if she is a citizen of some other country.

Gurus please correct me if I am wrong.

Thanks
 
1. yes
2. of course, not. She will even loose this PD if you guys get divorsed. This is YOUR PD, and she can use it only as your dependant. She's not allowed to use it on her own.


arrakis said:
Hi,

-> My wife is on H-1B.
-> I have an I-485 filed and it's been pending for > 180 days.

Question:

1) Can I add my wife to my pending I-485?

If yes, ​

2) Can she capture my PD of Sep-01 after she's been added to my I-485, and thereaftershe files a Labor Cert. under EB2?

My logic behind this thought is that once she's added to the I-485 her PD is same as mine. If this is true then she can x-fer this PD to a new LC. BTW: This will be her first LC filing.

Thanks,
Arrakis

PD - Sep 01 (EB3-India)
Click to expand...
 
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