Can we file For AOS if priority date was not ported correctly

[raulsam2]

I would really appreciate if you can help me with below

Through My previous employer I have approved I 140 in EB3 category and a pending I 485 application. Since I wasnt married than, my wife's name was not on that file.

I applied for new labor and I 140 with new employer in EB2 category in Feb 11. Both are approved but when my new I 140 came through, USCIS didnt port the dates correctly. It has the priority date of Feb 11. I had my wife added as well as a part of this new application.

I have filed for amendment of dates but we dont know as to when we will hear back from USCIS.

Now my wife's OPT is expiring on July 7th 2011. My question is, can we go ahead and apply AOS for my wife while we are still waiting for USCIS to amend the dates. I have copies of all my I 140 application, approval notices and I 485 application.

Do I need to file a new I 485 or do anything or it will be just for my wife since she wasnt on the file when I filed my original I 485 application

Thanks again for all the help

Raul

[Belle]

The fact that you were not married when I-485 or I-140 were filed is completely irrelevant. All your wife needs to show is that she is eligible as a derivative and that the PD is current. You should talk to a lawyer.

[raulsam2]

Belle,

Thanks for the reply, but my question was considering that an amendment is filed for porting my previous I140 date to the newly approved I 140, can I file my wife's I 485

Thanks

Raul