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-   -   Transfer PD between Spouses (

aka 03-11-2008 01:35 PM

Transfer PD between Spouses
Hi guys, I looked all over on this topic but could not find any details. I am hoping some of you have had some experience with this, so please help!

I have my I-485 filed with a 07/2003 PD. My wife is on my application as a dependent. There is a good chance I will get the GC soon, but then again I am done predicting anything where the USCIS is involved :rolleyes: I would rather plan for the worse! I am desperate to start school full-time next year (already have admits from a few top-10 b-schools) but, of course, cannot do so until I get the GC. :mad:

At the same time, my wife has an approved PERM with a 08/2007 PD. We are waiting for the premium processing option to get re-instated before filing for her I-140.

I had read someplace that once she has an approved I-140 AND MY PD is current, we can transfer my PD to her application. That way, I become the dependent and I am free to go to school (on a H-4 or EAD?). My question(s) to the gurus is...

a) Is this possible? Is it advisable?
b) If yes, how do I go about doing it?
c) How much time should I keep aside for the transfer process?
d) Any other suggestions are more than welcome.

Thanks in advance for your help guys.

damialok 03-11-2008 02:42 PM

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.

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