EB3 485 pending but spouse 140 became current

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vijayban

New Member
Guys I m in little unique situation as I haven't found similar thread related to my issue...Please help/advice/comment

I have mine and spouse 485 filed with EB3 with PD Jan,2003 ( filed in 2007 ).

When I filed 485 in July,2007 - my spouse had 140 filed but not approved for EB2, and later it was approved..

Now as per June 2011 bulletin, my wife PD is current for EB2 ..but our 485 is filed through my PD in EB3.

so question are:
1) is there any process to inter-port PD between spouses without re-filing 485 ?
2) is refiling 485 my only option... ?
3) any other comments/advice?

thanks in advance
 
vijayban said:
Guys I m in little unique situation as I haven't found similar thread related to my issue...Please help/advice/comment

I have mine and spouse 485 filed with EB3 with PD Jan,2003 ( filed in 2007 ).

When I filed 485 in July,2007 - my spouse had 140 filed but not approved for EB2, and later it was approved..

Now as per June 2011 bulletin, my wife PD is current for EB2 ..but our 485 is filed through my PD in EB3.

so question are:
1) is there any process to inter-port PD between spouses without re-filing 485 ?
------------------ if you are Primary EB3 then your wife has derivative I-485 pending. At this time your wife does not have her EB2 Primary I-485 pending.
2) is refiling 485 my only option... ?
----Best option let your wife file her Primary I-485 and you file your derivative I-485 with your wife. You both have A# on your past I-485 receipts and You write that A# on your second I-485 and your wife will write her A# on her I-485 form. FYI nothing prevents you filing second I-485. If you both file I-485 based on your wife EB2 I-140 then you both will get GC faster. (FYI one poster is going to advice why to waste money for second I-485)

3) any other comments/advice?

thanks in advance
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ginnu said:
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My lawyer has said that its possible to get approval without refiling 2nd 485. She said, she has to notify USCIS that your wife has become eligible for better PD which is current so they can inter-port without refiling ( they already have my wife's 140 in their record so internally they can make my wife as primary and me as derivative without refiling ) ...so i was checking to see on this forum if any one has already done it like that OR has any experience like that.

I did see similar cases where cases were approved without refiling 2nd 485 ? just search google for "interfilling between spouses" and read first link from trackkit....its not lettting me paste link here for some reason....

thanks
 
Interfiling in your situation is possible; another poster recently did it. See http://forums.immigration.com/showthread.php?323083

However, notice that post #12 has a link to a lawyer's site, who reported from a conference with USCIS saying this not allowed where it involves one spouse changing from primary to derivative and the other from derivative to primary. And I remember reading of at least one similar case that got rejected for interfiling (can't find it right now though).

So if you interfile, you're taking a bet that the inconsistency of USCIS will lean favorably in your direction.

Also, if you interfile and USCIS ports the I-485s according to your request, your EB3 I-485 application is gone. Whereas if you file another primary and derivative I-485, you'll have both the EB3 and EB2 applications active, so if something goes wrong with one (e.g. laid off and employer revokes I-140 before you can get a "same or similar" job), you can continue with the other.
 
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