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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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Old 03-11-2008, 01:35 PM
aka aka is offline
Member
Priority Date
:
Jul-03
Category
:
EB2
I140 Mailed Date
:
11/11/2000
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
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Join Date: Dec 2006
Posts: 40
aka is on a distinguished road
Default 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 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.

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.
__________________
PD - JULY 2003 EB2 RIR
Concurrent I-140/I-485: No (I-140 Approved Earlier)
Mailed From State: Ohio
Mailed to (state NSC/TSC): NSC
Received at (state NSC/TSC): NSC
Transferred to TSC (state Yes/No): No
485 Receipt Date : June 4th 2007
485 Notice Date : June 7th 2007
MY FP Completed : 07/09
485 LUD - 07/09, 07/10
WIFE FP Completed : 07/10
485 LUD - 07/10, 07/11
Both EADs Approved on 09/01/07
Both APs Approved on 09/10/07
CARD Production Ordered on 05/14/2007
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  #2 (permalink)  
Old 03-11-2008, 02:42 PM
Member
Priority Date
:
Aug-02
Category
:
EB2
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
Compare
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.
__________________
EB3 - RIR
PD: Aug 2002
140-RD: Aug 21st 2007
140-Approved: Feb 19th 2008(Online)
140-Approval received: Feb 26th 2008

EB2-PERM
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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