Any Similar experiences? Opinion Hadron?

[posmd]

I have an approved physician NIW petition with pending 485s for myself and my wife filed before retrogression for Eb2 India hit last year.
My wife recently got her 140 approved (labour Cert based EB3 PD Feb 2002). Although we opted for CP for her petition, I need to find out whether she can port her derivative 485 onto her approved 140.
The reason for this is we are living apart and would like for her to move closer to me. At the same time we are trying to preserve her petition having come so far and with such an early PD.

 

[hadron]

Don't know.

 

[crore]

from what a lawyer has told me once, if it was your labor cert based I 140 approved and NIW based I 485 date became current, one could get GC by cross chargeability. I 485 date has to become current though, so if you are from one of the retrogression countries, when I 485 will become current is debatable.

Potentially it could be done in your wife's case too. Best to contact a lawyer, as it could certainly save you a few years/months in getting to the green card.


disclaimer: just my opinion, not legal advice.