Eb2 for spouse

[pm1010]

Hi ,
I need some professional advice from any attorney here.

I am Eb3-I, PD April 2003, approved 140 & currently on EAD. Since i have no hope of my case moving any further and i am can't file under EB2 again (couple of attorneys suggested ) i am thinking of filing a EB2 app for my spouse (as she has masters) ,my question is

If her labor & 140 gets cleared, can she get my PD (from EB 3) to here Eb2 when filing her 485?

Thansk for your time!!

[hpandey]

Priority Date can be ported only by the Primary Applicant. Your spouse cannot use your Priority date if she files a new EB2 labor and it gets approved . The only chance is if you move to EB2 ( then both of you can get approved asap ) ..

[SVS]

I currently have an I-140 approved for EB-2. I was advised by my attorney that my husband COULD use my priority date and file under EB-1.

[pm1010]

Hi SVS,
thanks for your reply, can you please elaborate on your situation, if you don't mind who is the attroney. i am getting diffeerent answers so want to make sure i have the correct info before i spend money. thx.

[SVS]

My attorney's name is William Velie and you can find him at [url=http://www.velie.us/index.php?home]

I was told that if my husband filed for his greencard, then he would be able to use my priority date since I have not yet filed I-485. My husband has not yet started his GC process.

Hope this helps. In case you find out otherwise, do update this thread and let me know as well.

Thanks,
SVS

[dealsnet]

Only thing you can take from your spouse for employment based GC is his/her country of chargeability. If he/she from ROW (rest of the world means not from India, China) can file I-485 after getting PERM approval (EB2). Can file I-140, I-485 concurrent. If any one told you to port spouse priority date (PD) is a stupid. PERIOD.
For EB1, no need to port any priority date. It is ALWAYS current for everybody.

[snathan]

My attorney's name is William Velie and you can find him at [url=http://www.velie.us/index.php?home]

I was told that if my husband filed for his greencard, then he would be able to use my priority date since I have not yet filed I-485. My husband has not yet started his GC process.

Hope this helps. In case you find out otherwise, do update this thread and let me know as well.

Thanks,
SVS

No. Your attorney is wrong. If you are from a different country than your husband, he can try country chargability. Otherwise no.

[SVS]

Thanks for the info.