Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Ask an Attorney - > Immigrant Visa
Click to log in with Facebook
Immigrant Visa This forum is for asking questions from Immigration Attorney.
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 02-08-2011, 01:06 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!!
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 02-08-2011, 01:39 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
Compare
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
Recurring contribution 25$ monthly
** 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
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 02-08-2011, 02:05 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
Compare
Join Date: Sep 2009
Posts: 33
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

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.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 02-08-2011, 03:53 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
pm1010 is infamous around these parts pm1010 is infamous around these parts pm1010 is infamous around these parts
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.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 02-08-2011, 05:02 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: 33
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
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 02-08-2011, 05:07 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: 594
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.
__________________
Proud to be Indian and American resident.
GREEN CARD APPROVED IN EB2
I am not a lawyer. This is my personal opinion.

Last edited by dealsnet; 02-08-2011 at 07:54 PM.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 02-08-2011, 05:59 PM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 2,290
snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
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.
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 02-08-2011, 09:15 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: 33
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

Thanks for the info.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Spouse getting GC kramac01 Non-Immigrant Visa 1 08-11-2010 10:32 PM
Possible Spouse RFE..Please Help reddy2cool RFEs and specific queries 3 08-20-2008 02:17 PM
Is it possible to get SSN for spouse on AOS without EAD? Dhundhun Self-filing, documents, forms, directions, mailing. 18 03-19-2008 01:11 AM
EAD for spouse only jc2002 Retrogression, priority dates and Visa bulletins 13 09-26-2007 08:06 PM
Spouse on F1 withme All other Green Card Issues 6 07-27-2007 11:29 AM



All times are GMT -4. The time now is 09:31 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org