Can we port with spouse priority date?

[madkan]

I am currently on EAD with 2006 Sep EB3 priority date.My wife is also on EAD from my greencard. My wife's company is willing to process her Greencard in Eb2 Category. 

Does porting with old date work in this scenario once labor and 140 are approved for my wife? 

We haven't talked to any one yet but my initial feeling is since the original 140 is not in her name, this might not be possible. 

Can anyone help?

[catx]

In a word, no.  A priority date, PERM labor certification application, and I-140 petition are for an individual (independent of a spouse and/or children)  A spouse only comes into the process as a derivative I-485 adjustment of status application based on the primary beneficiary's I-485 adjustment of status application.

[Desi Dude]

Yes it is possible. You will have to port the earlier PD and make her the Primary after her EB2 I140 is approved.

[pontevecchio]

You cannot port the PD to a different person.

[JoeF]

I am currently on EAD with 2006 Sep EB3 priority date.My wife is also on EAD from my greencard. My wife's company is willing to process her Greencard in Eb2 Category. 

Does porting with old date work in this scenario once labor and 140 are approved for my wife? 

We haven't talked to any one yet but my initial feeling is since the original 140 is not in her name, this might not be possible. 

Can anyone help?

 

No, that is not possible.

The PD is for your application only. It can not be used for her application.

[JoeF]

Yes it is possible. You will have to port the earlier PD and make her the Primary after her EB2 I140 is approved.

 

Sorry, but that doesn't work. The PD is for his I-140 only. It can never be used for her I-140.

[Desi Dude]

If she becomes the Primary and you become the derivative then her PD can be used (which is earlier than yours).

[JoeF]

If she becomes the Primary and you become the derivative then her PD can be used (which is earlier than yours).

 

Hmm, no. Please read the OP's post again: "My wife's company is willing to process her Greencard in Eb2 Category. "

She is a dependent on his application. She doesn't have the GC process started. If she starts the GC process now, her PD would be later than his.

So, your suggestion would make things worse. It would only work if the EB2 PD for her is current or moves way way faster than his EB3.

[Desi Dude]

You are right JoeF, I didn't realize that her EB2 process hasn't started. The best way to proceed would be for the husband to file EB2 and port his own date.