EB3 Dependant to Primary EB2 NOV 1-Refile?

[indoamru]

During the summer fiasco, i filed 485 as dependant with my wife under EB3 (PD NOV2006) Later when I filed by EB2 140(PD AUG2007) , the A#s were synced with my EB3 485.

Just to re-emphasize, when i changed job i did AC21 (to say that the 485 in file is mine- primary) . Now my EB2 Priority date will be current on Nov 1.

Should I do anythign from my side?

WIll USCIS automatically consider my dependant 485 , convert it to EB2 primary and send my GC?

In that case, will my wife also be included (changed from EB3 Primary to EB2 Dependant) ?

I guess me waiting till Nov 1 will answer this. But I read in some blogs that we have to file or send some letter to reach their office by Nov 1. Is that needed?

[vmehrotra]

I am in the same boat. I received a RFE for permanent employment letter. I did not understand why USCIS wanted employment letter when I filed as dependent so sent a letter that I am dependent and no need to send employment letter.

Now I understand that I qualify for EB2 category. I have created service request by calling USCIS call center. So far there is no progress. My lawyer is recommending to send AC21 and a letter that my case should be considered in EB2 category.