Can I use my wife's priority date for my I-485?

G

givememygc2006

Registered Users (C)
I had applied for my Labor certification from Maine in July 2004(EB3) and it was approved in Sept 2004.
I have applied my I-140/I-485 concurrently in Nov 2004 at VSC. My I-140 was approved in January 2005. I am currently working on my EAD.

My wife applied for her Labor certification(EB2) in Jan 2002 from Maryland and it's still sitting somewhere in Philadelphia Backlog reduction center.

My question is this - Since EB2 visa dates are Jan 2002 and EB3's dates are Jan 2001, Can I use my wife's priority date once her Labor certification is approved and expedite our I-485 processing?
 
givememygc2006 said:
I had applied for my Labor certification from Maine in July 2004(EB3) and it was approved in Sept 2004.
I have applied my I-140/I-485 concurrently in Nov 2004 at VSC. My I-140 was approved in January 2005. I am currently working on my EAD.

My wife applied for her Labor certification(EB2) in Jan 2002 from Maryland and it's still sitting somewhere in Philadelphia Backlog reduction center.

My question is this - Since EB2 visa dates are Jan 2002 and EB3's dates are Jan 2001, Can I use my wife's priority date once her Labor certification is approved and expedite our I-485 processing?
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Only if her PD is current at that time and she will need to submit I140 for her and I485 for both of you guys.
 
please check with USCIS

Please check with USCIS. Your lawyer may not know it, if you have one. I have a similar situation. The first person I talked to said 'yes'. I was transferred to a second person who knows employment-based GC, who also said yes. I was transferred to a higher level person about which law to apply. The third person said 'no'. I cannot use my wife's priority date.

I am waiting to file my I-485. My wife is on schedule A but she did not want to take TSE. Both of us are from the same country.

Call USCIS, they will give you a definite answer and which law to apply. You need that information in your application.

Good luck.

wbd
 
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