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  #1 (permalink)  
Old 11-03-2009, 05:54 PM
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
12/29/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/15/2007
Compare
Join Date: Jul 2007
Posts: 104
rayoflight has a spectacular aura about rayoflight has a spectacular aura about rayoflight has a spectacular aura about
Question Switch Primary and Dependent alongwith Priority Dates - Is it a possibility by law?
"Can we use the PD of the dependent who also has an approved I 140 in EB2 category? If so, what is the procedure?"

Principal Applicant filed Labor (EB3 Category) in May 2004
Labor was approved in Jan 2007
I-140 was approved in Mar 2007
Reciept Date is Sept 2007

Filed EAD and AP and both were approved
Renewed EAD and AP once

First Fingerprinting Notice sent in July 09
Fingerprinting done in July 09

Spouse filed PERM - Labor (EB2 Category) in Mar'07
PERM - Labor was approved in Jun '08
Filed I-140 in Jul'08
I-140 was Approved in Oct '08

Thanks,
Rayoflight
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PD: May 2004
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  #2 (permalink)  
Old 11-03-2009, 06:15 PM
Senior Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 406
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Default No
No PD portability from the dependent. If she is born in ROW, you can use cross chargiability.

Quote:
Originally Posted by rayoflight View Post
"Can we use the PD of the dependent who also has an approved I 140 in EB2 category? If so, what is the procedure?"

Principal Applicant filed Labor (EB3 Category) in May 2004
Labor was approved in Jan 2007
I-140 was approved in Mar 2007
Reciept Date is Sept 2007

Filed EAD and AP and both were approved
Renewed EAD and AP once

First Fingerprinting Notice sent in July 09
Fingerprinting done in July 09

Spouse filed PERM - Labor (EB2 Category) in Mar'07
PERM - Labor was approved in Jun '08
Filed I-140 in Jul'08
I-140 was Approved in Oct '08

Thanks,
Rayoflight
__________________
Proud to be Indian and American resident.
GREEN CARD APPROVED IN EB2
I am not a lawyer. This is my personal opinion.
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  #3 (permalink)  
Old 11-04-2009, 04:40 PM
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
12/29/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/15/2007
Compare
Join Date: Jul 2007
Posts: 104
rayoflight has a spectacular aura about rayoflight has a spectacular aura about rayoflight has a spectacular aura about
Default
Any input from Attorneys?

Cheers,
Rayoflight
__________________
__________________
http://immigrationvoice.org/forum/sh...ad.php?t=20183

Called Senators and Congressmen/women to support the Murray Amendment and HR Bills

http://groups.google.com/group/iv-dc-chapter
Proud Member & Leader of IV-MD-DC-VA Chapter
Subscribed to Recurring Contribution
PD: May 2004
SUPPORT RECURRING CONTRIBUTIONS
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  #4 (permalink)  
Old 11-05-2009, 02:06 PM
Senior Member
Priority Date
:
Jan-06
Category
:
EB2
I140 Mailed Date
:
01/13/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Oct 2007
Posts: 1,283
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Default
Quote:
Originally Posted by rayoflight View Post
Any input from Attorneys?

Cheers,
Rayoflight
It is not possible to use someone's PD

Refer this attorney's for details - http://immigrationvoice.org/forum/fo...tml#post898520 (Option to Start GC in EB2 using Spouse's EB3 2003 PD)
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*** Not a legal advice, use at your own risk ***
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  #5 (permalink)  
Old 11-06-2009, 04:22 PM
Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jun 2007
Posts: 51
jatinr can only hope to improve
Default You can request to swap Primary/Derivative
You cannot keep your PD date and just take the category of your spouse and vice versa, but if your I-485 is already pending, then you can ask them to swap the Primray/ Derivative when your spouse PD is current.

Ron Gotcher has suggested that instead of doing multiple filing and creating confusion, you can request USCIS to switch Primray/Derivative when spouse PD is current.

Have your lawyer write up a letter to do the swap.
Last edited by jatinr; 11-07-2009 at 09:59 AM.
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