Possible to switch spouse from EB3 to FB2A category?

A

aaifor

Registered Users (C)
Dear Gurus,
I am Indian national as is my spouse.

I had filed my I-485 in 2004 in EB3 category. Got married in 2006 and my spouse came here on H4. I filed her I-485 on July 2, 2007. Being dependent she has the same PD as mine, Aug 2004

Incidentally I received my GC with active date of July 2, 2007.

In the visa bulletin for Oct 09 PD cutoff for FB2A for India is 15 Apr 05.

Questions
  1. Is it possible for us to amend the pending I-485 for my spouse and request a category change from EB3 to FB2A while preserving the PD?
    [*]Will this give us a PD of Aug 2004 in category FB2A? Or might this make things worse by getting us a date like Aug/Sep 09 (depending on when we file) in FB2A and killing the EB3 spouse petition?
    [*]Can gurus suggest how to proceed if it is possible?
    [*]Are there any risks?

Thank you for your kind advice.
 
Last edited by a moderator:
aaifor said:
Dear Gurus,
I am Indian national as is my spouse.

I had filed my I-485 in 2004 in EB3 category. Got married in 2006 and my spouse came here on H4. I filed her I-485 on July 2, 2007. Being dependent she has the same PD as mine, Aug 2004

Incidentally I received my GC with active date of July 2, 2007.

In the visa bulletin for Oct 09 PD cutoff for FB2A for India is 15 Apr 05.

Questions
  1. Is it possible for us to amend the pending I-485 for my spouse and request a category change from EB3 to FB2A while preserving the PD?
    [*]Will this give us a PD of Aug 2004 in category FB2A? Or might this make things worse by getting us a date like Aug/Sep 09 (depending on when we file) in FB2A and killing the EB3 spouse petition?
    [*]Can gurus suggest how to proceed if it is possible?
    [*]Are there any risks?

Thank you for your kind advice.
Click to expand...

She is the dependent on your aplication, she will have your PD and your category. You can not make any changes before, now or in the future and she has to wait till she receive her card, obviously if the PD becomes current again. Meanwhile as you may know, she can apply for EADs and APs to work and travel if she want. This is even if you qualify now for EB1 not EB2, you already as a primary card got yours.
 
TheRealCanadian said:
You cannot preserve a priority date between EB and FB.
Click to expand...
Thanks TheRealCanadian.

Won't hurt to ask, is there a reason?

If i become a USC 3 years down the line I can file a fresh I-130 in FB1 with immediate priority.

By that logic shouldn't filing an I-130 now as PR help us capture the original date?

(I understand that logical as it may sound, it could still be faulty since USC has lot of priviledge than a PR)

I just want to make I rule out any options that i may have now so i can just wait another 3 years when I [hopefully] become a USC and file an FB1 I-130 since EB3 India with Aug 2004 seems unlikely to get current in at least the next 5 years; unless the magic of 2007 happens again or legislative reform (latter unlikely for EB applicants)
 
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