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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 04-16-2009, 05:17 PM
Junior Member
Priority Date
:
Apr-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
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Join Date: Apr 2009
Posts: 2
SSNN is on a distinguished road
Default Linking spouse's 485 application with my 485

Here's our situation:

Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?
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  #2 (permalink)  
Old 04-16-2009, 05:59 PM
jsb jsb is offline
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
06/01/2005
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Aug 2007
Posts: 838
jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of
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Quote:
Originally Posted by SSNN View Post
Here's our situation:

Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?
Attorneys might have an answer based on their past experience. I believe it might be best to act by calling USCIS as soon as your PD gets Current. Note that they don't see files in sequence of PD's. They see them in sequence of filing. As your husband has filed earlier, it is possible that his file is seen first. Anyway, best seems to call USCIS as soon as your PD is current, and let them deal with it. It may not require withdrawing of 485, as it is just a case of reclassification from EB3 to EB3-Dependant.

Best..
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  #3 (permalink)  
Old 04-16-2009, 06:13 PM
Junior Member
Priority Date
:
Apr-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Apr 2009
Posts: 2
SSNN is on a distinguished road
Default

Should we wait until my PD becomes current, to try to link our aplications? Is that necessary? Is there any danger that my husband's 485 application might get lost if USCIS denies our request to link his case to mine now since my PD is not current?

Don't know if this matters, but just this week, I got a RFE for employment verification. We have now sent necessary documents as requested by the dept.
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  #4 (permalink)  
Old 04-16-2009, 06:21 PM
Member
Priority Date
:
Dec-03
Category
:
EB3
I140 Mailed Date
:
05/14/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/23/2007
Compare
Join Date: May 2006
Posts: 65
stuckinretro is infamous around these parts
Default

When you filed for your 485's did you check the column and mentioned each other as dependents and mentioned each other's A#'s? If not each of your applications would be processed separately. When you replied to your RFE you should have written a letter to them about your husband's case.

Quote:
Originally Posted by SSNN View Post
Should we wait until my PD becomes current, to try to link our aplications? Is that necessary? Is there any danger that my husband's 485 application might get lost if USCIS denies our request to link his case to mine now since my PD is not current?

Don't know if this matters, but just this week, I got a RFE for employment verification. We have now sent necessary documents as requested by the dept.
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  #5 (permalink)  
Old 04-17-2009, 02:46 AM
Senior Member
Priority Date
:
Dec-07
Category
:
EB1B
I140 Mailed Date
:
11/30/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
11/30/2007
Compare
Join Date: Dec 2006
Posts: 588
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Default

Quote:
Originally Posted by SSNN View Post
Here's our situation:

Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?
Here is what I understand, but make sure you seek professional opinion before making any move.

He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
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I am not a lawyer. Use at your own risk any information given by me.
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  #6 (permalink)  
Old 04-17-2009, 11:30 AM
jsb jsb is offline
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
06/01/2005
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Aug 2007
Posts: 838
jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of jsb has much to be proud of
Default

Quote:
Originally Posted by raysaikat View Post
Here is what I understand, but make sure you seek professional opinion before making any move.

He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
Sending a new 485 as derivative means new fee too. RFE suggests that case is active in some way. Therefore, there is no harm in sending a second letter about the relationship, including marriage certificates etc, with A# and Receipt # references of both (these are the only two references in their system, PD's are only on paper). Best..
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  #7 (permalink)  
Old 03-14-2011, 10:57 AM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Afghanistan
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2011
Posts: 1
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