priority date affects derivative case

J

justanovice

Registered Users (C)
Hi,

If this question has already been answered, please point me to the appropriate thread.

I fall into the category that affects the PD retrogression. I was recently approved for my 485 and had my passport stamped yesterday. My wife arrived here in April and we applied for her 485 in May as a derivative case. She has not even been fingerprinted yet. My labor was filed in Jul 02.

Question --> Will my wife's case fall into the retrogression category? She does not have a Labor certification associated with her case. But will my LC/PD be considered for her since she is my derivative case?

Thanks.

Here are the details of our case:

EB3 concurrent filing in VSC

LC (RIR) applied: Jul 02 PD: 7/17/02
LC approved: Apr 03

I-140 ND: 5/28/03 AD: 4/20/04
I-485 ND: 5/28/03 AD: 11/30/04 PP stamped: 12/13/04 Card: ??
FP done: 3/16/04

Spouse's 485 ND: 5/24/04 AD: ???
Spouse's FP: ???
 
Ditto here. My 485 been approved, wifes not (not even first FP).
My LC filing date is 02/2002 .

Looks like derivative cases also falls under the retrogression issue. If thats true, then our spouse's applications could hang in there for a while. :o
 
Anybody else with similar situation please post here.

----------------------------------
EB3 concurrent filing in VSC

LC (RIR) applied: Jul 02 PD: 7/17/02
LC approved: Apr 03

I-140 ND: 5/28/03 AD: 4/20/04
I-485 ND: 5/28/03 AD: 11/30/04 PP stamped: 12/13/04 Card: ??
FP done: 3/16/04

Spouse's 485 ND: 5/24/04 AD: ???
Spouse's FP: ???
 
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