EB3 primary to EB2 derivative question


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1) My primary eb2 I-485 applied in july 2007

My wife applied as primary eb3 I-485 in july 2007

( At that time even though we were already married I did not add her as my derivative in my application, basically it was a mistake from our part)

2) My priority date again became current in July 2011 during which time I added my wife as a derivative applicant in my eb2 application. We also applied her EAD/AP together along with the eb2 derivative application. Also she is still maintaining her eb3 status in USA.

3) I received my green card few weeks ago.

4) My wife received the receipt notice(receipt date July 1st 2011) of the derivative I-485 and also few days ago she received her new EAD card based on the derivative application.

5) Her derivative application is based in Nebraska service center where current processing time is 7 mths

The fact that my wife has received the receipt notice of the derivative based I-485 application ,following is my question

Can she leave her current job and take time off? This also means ,Is it now required for my wife to maintain her current eb3 status to still maintain her eb2 derivative application and stay in country?

Many Thanks for the help.

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There is no such thing as "adding" anyone. She filed a second I-485. It would have been better for her to interfile her existing I-485 with your petition, but what is done is done. Also, she does not "maintain EB3 status" - THERE IS NO SUCH THING AS EB3 STATUS! Her old I-485 petition is still pending, but will probably be denied, when the new I-485 is approved.

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Hi Belle/Pontevecchio,

Thank you for taking time to answer these questions and I apologize for delaying my response on this thread.

Also I do correct my self based on your responses.

But in general following is what has confused me for which am trying to get an answer for

Wouldn't there ever be a scenario where USCIS would issue an RFE asking for employment verification to my wife and failure to submit that would end up not getting her greencard, considering our current situation where she has a primary eb3 application and a derivative eb2 application.

What steps should we take in order to expedite the process of her greencard.

Appreciate all the help

Thank you

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