Interfiling based on Husband's Priority date

[ysheela]

My husband and I had filed for our 485 applications before our marriage.

Mine was filed under EB3 category where as my husband had filed under EB2 category.

My husband priority date became current in July 2011, our lawyer mentioned it was possible to

interfile my 485 and i could upgrade my priority date from EB3 to EB2 based on my husband's I 140.

My lawyer submitted my interfile request around second week of July.

But so far I haven't heard anything from INS. I took info pass appointment and the officer was mentioning

i cannot do that as it is not valid.

But when i talked to my lawyer she said it was valid since my husband's green card got approved after

our marriage.

Can some one please let me know if there was any other case similar to ours and what was the outcome?

[Belle]

and i could upgrade my priority date from EB3 to EB2 based on my husband's I 140

EB3 and EB2 are categories. You may change/upgrade them. Priority dates may only be retained if you have an earlier date from a different application. Just a clarification point.

Now, submitting an unsolicited letter (i.e. not in response to RFE or NOID and something without a form) is not the best idea. The USCIS will read it... eventually.

Your best bet is to get your husband's A number and I-485 receipt number, and call the 1-800 number on your I-485. You need to create a service request to [write this down and say exactly as written] change your eligibility to being a derivative of your husband's employment based I-485 petition. Give them your husband's A and receipt numbers. Good luck!