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  #1 (permalink)  
Old 06-07-2010, 01:15 PM
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immigrationaccount has a spectacular aura about immigrationaccount has a spectacular aura about
Default EB2 derivative status to EB2 employment based

We filed green card through my husband (EB2 Feb 2006) with me as derivative/dependent spouse. Our 485s are approved and I got my EAD but I am still working on my H1 visa.

My employer is willing to proceed with my green card application (EB2) and I would like to know if my current green card status can be used by the new application so that I do not have to start over and can use the same priority date.

Your help is very much appreciated, thank you.
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  #2 (permalink)  
Old 06-07-2010, 01:26 PM
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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

If your I-485 is approved, you will get GC in mail.


Quote:
Originally Posted by immigrationaccount View Post
We filed green card through my husband (EB2 Feb 2006) with me as derivative/dependent spouse. Our 485s are approved and I got my EAD but I am still working on my H1 visa.

My employer is willing to proceed with my green card application (EB2) and I would like to know if my current green card status can be used by the new application so that I do not have to start over and can use the same priority date.

Your help is very much appreciated, thank you.
__________________
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 06-07-2010, 02:02 PM
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itsmesabby is infamous around these parts itsmesabby is infamous around these parts
Default Yours would be totally new GC aplication

If you start your gc process with the new employer you would be starting a new application. That means that your priority date will be new and you be starting from the labor stage.

The current I-485 only gives you the benefit as the derivative applicant on your husbands application. On the new one you would the primary applicant and will have to start off brand new.
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  #4 (permalink)  
Old 06-08-2010, 11:07 AM
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immigrationaccount has a spectacular aura about immigrationaccount has a spectacular aura about
Default

Thank you for your response.

A correction from my previous posting.

Our 485 applications are pending, we are waiting on approval, sorry for the confusion.

Coming back to my question 'if a derivative status can be changed to employment based?', I have read through this forum (thread "Interfile of I140 with Previously filed I485") that we can use the pending 485 and change the I140.

Please provide comments, thanks so much for the help.
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  #5 (permalink)  
Old 06-08-2010, 12:08 PM
Senior Member
Priority Date
:
N/A
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:
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 Aos

Interfile is for same person from EB3 to EB2.

Husband or wife, PD can't be interchanged for employment based.
If spouse born in ROW country, you will get benifit. Not with the new labor or I-140.


Quote:
Originally Posted by immigrationaccount View Post
Thank you for your response.

A correction from my previous posting.

Our 485 applications are pending, we are waiting on approval, sorry for the confusion.

Coming back to my question 'if a derivative status can be changed to employment based?', I have read through this forum (thread "Interfile of I140 with Previously filed I485") that we can use the pending 485 and change the I140.

Please provide comments, thanks so much for the help.
__________________
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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