I there a waY?

[CaliGC]

Friends,

My Labor PD is July 04 and filed I-140/!485/EAD/AP in Nov. 04. EAD/AP/I140 are approved and I'm from India hence caught in the Priority Date retrogression..

My Wife has her Labor PD as Oct. 2001 and still her CA-Labor is NOT cleared and currently also a benefeciary from my filing. MY big question is...

IS there a way that My wife's PD be used for our Case and get an approval?

TIA

 

[dbwr]

First PD will come into picture when the labor got approved.
Then your wife need to file his/her 140. once it is approved there is a way to link this 140 to the existing pending application.

WHat it does is at that time if you want to use your wife PD, then she will become primary and you will become secondary.....

If there is any issue in between,you 485 will be approved when you have your grand children....

With simple cases, USCIS takes years, With completed one's they take decades

I would say contact a good atorney.....before doing any thing.

 

[orangetreats]

Since you have already filed 140/485 based upon your certifed labor petition....the priority date will get assigned to your 140 application when your 140 petition is approved..

Now, if you need to take advantage of your wifes early priority dates on a previosuly filed labor petition you need to
1.) wait untill that labor is approved.
2.) file for I140 based on this approved labor and wait till 140 approves.
3.) if #1 and #2 are successfull then you can change your priority date on your existing 140 (the one that was filed for you)

You need to send a letter to USCIS asking them you amend your exisiting 140 aplication(yours) with your wifes priority date so that you can get out of this "retrogression rigamarole".........

Preferably this should be done with a lawyers help with a copy of the section of the law that permist you to trasnsfer priority dates from one approved 140 petition to another .....

So summing up...the thumb rule is that you can only transfer priority dates from one 140 to another when both the involved 140s are APPROVED....

Friends,

My Labor PD is July 04 and filed I-140/!485/EAD/AP in Nov. 04. EAD/AP/I140 are approved and I'm from India hence caught in the Priority Date retrogression..

My Wife has her Labor PD as Oct. 2001 and still her CA-Labor is NOT cleared and currently also a benefeciary from my filing. MY big question is...

IS there a way that My wife's PD be used for our Case and get an approval?

TIA

 

[CaliGC]

Thank You!

Thanks for the wonderful piece of information Orangethreats and DBWR! I'm greatful to you.

Now to add to the information... My wifes Labor PD has moved to the backlog elimination center and expecting to clear anytime before Aug 05 (as per the HR) and nowadays I-140's are getting approved fast from CA (and my wife works for one of the top 5 Indian companies in US) and would have no issues in clearing the I-140. With that said I think both Labor PD and I-140 should be cleared no later than the end of this year which would give me good chance to use her PD.

My PD is July 04 and it is atleast 2 years away... hence was exlporing possibilities in using my spouse's PD. On the other hand as dbwr said the case might become complicated... and I'm scared to get stuck.

TIA.