Eb2 to EB3 downgrade but not for spouse right now


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Hello Murthy,

I have EB2 with Priority Date as Oct-2013 and I am with same employer who has filed EB2 since 2012.

Currently, to take advantage of Filing date movement for EB3, I wish to downgrade by my employer using re-classification of approved EB2 to EB3.

My question is:-
“To save filing cost of filing AOS for Spouse, is it a good idea (and feasible) to apply for AOS only for myself and exclude AOS for Spouse right now?
And then apply for Spouse AOS only later when I plan to start using GC-EAD? My H1B is approved till July 2022 and so my spouse already has H4-EAD valid till July 2022. So, I don’t need GC-EAD for spouse right now anyways, but will need only when my H1B status is gone, which will be when I plan to start using GC-EAD for me instead of H1B.”

Really appreciate your suggestion and implications of NOT filing AOS for Spouse at same time right now but plan to file later when needed.

Thank you so much!

Thanks,
Anupam
 

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