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Old 03-11-2008, 02:42 PM
damialok damialok is offline
Priority Date
I140 Mailed Date
Processing Stage
I485 Mailed Date
Join Date: May 2006
Posts: 53
damialok will become famous soon enough
Default Not possible

You cannot 'port' the PD between yours and your spouse's 140s for EB applications. If she is the primary then she needs to have established a PD either through her LC application or I-140(for NIW).

This is different from cross-chargability that lets you use your spouse's quota for your application.

Your best bet is to invoke AC21 and keep the future employment option if and and when they are ready to adjudicate your 485. That way you can join your B-School. But remember that apart from the Yates memo not much is concrete on AC21 and in my view, risky.

BTW why do you(your wife) want to wait till PP for 140? It might take about 6 months or more to get that and you can easily get the 140 approved prior to that using regular process at NSC. Currently they are processing July/Aug cases.
PD: Aug 2002
140-RD: Aug 21st 2007
140-Approved: Feb 19th 2008(Online)
140-Approval received: Feb 26th 2008

PD: Jan 2007
140-RD: July 2nd 2007 (485 Concurrently filed)
140-RFE: Feb 20th 2008
140-RFE-Replied: Feb 28th 2008 (PD recapture letter)
140-Approved: Mar 10th 2008(online).
140-Approval received: Mar 18th 2008 and PD recaptured.

I-485- Approved on 05/23/2007
EADs and APs received after FPs.
2 sets one with my company and one with Spouse's company.
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