Two I 485 - one as deravative and another as primary in Employment based category

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Hi -- My wife downgraded her EB2 to EB3 on October 2020 and we've pending I140/I485/EAD and AP with USCIS with valid receipt numbers.  She was the primary and I'm the dependent applicant. 

With the latest visa bulletin for November 2021 - I'm qualified to submit application for I 485 as I've approved I 140 in EB2.  Now the question is - Can my employer submit I 485 with myself as primary applicant and my wife as dependent applicant?. We would like to do that given the retrogression with EB3 and my priority date with EB2 will probably hit first before hers.

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  • 3 weeks later...

Hi, What did you end up doing...we are in a similar situation.

Spouse downgraded to EB2-->EB3 ( PD Nov 2014 ) and received EADs. 

I applied as a derivative.

Now my PD is current to file AOS (EB2 Mar 2012). We noticed that on our receipts PD is Mar 2012 and not Nov 2014. I am not sure if USCIS made a mistake or assigned a favorable PD between spouses. 

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