skdeepika Posted June 9, 2011 Report Share Posted June 9, 2011 I have filed for my GC under EB3 and our priority date is Feb 2007. My husband was listed on my I-140 along with me. Now he changed to the permanent employee with CA and they apply the GC for him under EB2 catergory. Can he still keep the same priority date as Feb 2007. Or will it be a new one . Please help Link to comment
pontevecchio Posted June 9, 2011 Report Share Posted June 9, 2011 he can only retain the PD of a I-140 previously approved for him. In this case this means he cannot retain your PD. Link to comment
Joe.F Posted June 9, 2011 Report Share Posted June 9, 2011 No, he can not use your PD. Link to comment
hk2004 Posted June 9, 2011 Report Share Posted June 9, 2011 Your husband may not have been listed on the I-140. Spouse is added to the GC process only while filing I-485. Link to comment
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