Derivative I-485 PD Portability question

T

telecom

Registered Users (C)
My priority date is Nov 2003 (EB3) with approved I-140 and pending I-485 petition. My spouse has applied I-485 and is pending as well (derivate on my pending I-485). Furthermore, my spouse is working on separate H-1B for a couple of years and has also applied for I-140 (EB2 - PD June 2008) which is pending for last 6 months now.

My question - Once the pending I-140 (EB2) is approved for my spouse, can we (meaning both me and my spouse) apply for another/new I-485 under the EB2 category and using the earlier PD of Nov 2003?

Thanks in advance for your reply.
 
telecom said:
My priority date is Nov 2003 (EB3) with approved I-140 and pending I-485 petition. My spouse has applied I-485 and is pending as well (derivate on my pending I-485). Furthermore, my spouse is working on separate H-1B for a couple of years and has also applied for I-140 (EB2 - PD June 2008) which is pending for last 6 months now.

My question - Once the pending I-140 (EB2) is approved for my spouse, can we (meaning both me and my spouse) apply for another/new I-485 under the EB2 category and using the earlier PD of Nov 2003?
--------------- your wife can file her I-485 under EB2 as primary and you as derivate. YOU cant use YOUR earlier PD for your wife I-140 or I-485

Thanks in advance for your reply.
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