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  #1 (permalink)  
Old 02-08-2011, 12:06 PM
Junior Member
Priority Date
:
Apr-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Apr 2006
Posts: 10
pm1010 is infamous around these parts pm1010 is infamous around these parts pm1010 is infamous around these parts
Default Eb2 for spouse
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!!
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  #2 (permalink)  
Old 02-08-2011, 12:39 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
08/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
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Join Date: May 2007
Posts: 557
hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute
Default No
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 ) ..
__________________
Contributed 350 $ towards IV
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** Could it be **

EB3 - India - PD - Sep 2004
I140/485 AP - 08/02/2007
FP - 11/2007
AP/EAD - 11/2007
AP/EAD - 2008
AP - 2009
EAD - 2010
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  #3 (permalink)  
Old 02-08-2011, 01:05 PM
SVS SVS is offline
Member
Priority Date
:
Dec-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/20/2011
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Posts: 32
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Default
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.
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  #4 (permalink)  
Old 02-08-2011, 02:53 PM
Junior Member
Priority Date
:
Apr-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Apr 2006
Posts: 10
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Default CAn you please elaborate
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.
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  #5 (permalink)  
Old 02-08-2011, 04:02 PM
SVS SVS is offline
Member
Priority Date
:
Dec-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/20/2011
Compare
Join Date: Sep 2009
Posts: 32
SVS has a reputation beyond repute SVS has a reputation beyond repute SVS has a reputation beyond repute SVS has a reputation beyond repute SVS has a reputation beyond repute SVS has a reputation beyond repute SVS has a reputation beyond repute SVS has a reputation beyond repute SVS has a reputation beyond repute SVS has a reputation beyond repute SVS has a reputation beyond repute
Default
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
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  #6 (permalink)  
Old 02-08-2011, 04:07 PM
Senior Member
Priority Date
:
N/A
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:
EB2
I140 Mailed Date
:
Chargeability
:
India
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:
N/A
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:
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dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future
Default Gc
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.
__________________
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GREEN CARD APPROVED IN EB2
I am not a lawyer. This is my personal opinion.
Last edited by dealsnet; 02-08-2011 at 06:54 PM.
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  #7 (permalink)  
Old 02-08-2011, 04:59 PM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Default
Quote:
Originally Posted by SVS View Post
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.
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  #8 (permalink)  
Old 02-08-2011, 08:15 PM
SVS SVS is offline
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Priority Date
:
Dec-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/20/2011
Compare
Join Date: Sep 2009
Posts: 32
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Default
Thanks for the info.
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