Pearson memo for 485 interfile?

[gcmess]

I was in EB2 with 485 pending. I applied in EB1 and had 140 approved. I asked USCIS to approve pending 485 based on EB1 140. My GC was approved but wife's petition, pending at another field office, was denied and the officer said there is nothing like linking pending 485!

Can we use the pearson memo to justify our case? The memo says both the petition dates should have current priority dates?!? Is that correct? Are there any other memos we can use to make our case? My wife cannot file another 485 as she does not have a non immigrant status.

Thanks

[frostrated]

your wife's application should be tied to your PD. If you got it in EB1, then she too should be in EB1. The pearson memo will help. Get an infopass and clarify the issue.

[madmonkey]

that's absurd - your wife's PD is tied to yours. I was in EB2, switched to EB1 and both my wife's and my 485 were approved together.

[gcmess]

Thank you frostrated and madmonkey for your responses. We had taken infopass and were able to speak to immigration officer too. That is where we were told there is nothing like linking or interfiling. I read the pearson memo multiple times but it says both dates must be current. EB2 is not current and hence do not know the validity of the claim. I will try infopass again and see before filing MTR.