Porting of priority date of spouse from EB2 to EB3

[inimesh]

Hi,

 

My company is in a process of starting my GC process under EB3.

 

My Husband has a priority date of 2011 with I-140 approved under EB2 category. Will I be able to use my husband's  priority date for my filling?

 

Please let me know.

 

Thanks!!!

 

[shandan]

You cannot use anyone elses PD. That said when your husband's PD gets current (which is a more likely scenario, than your not yet assigned EB3 PD), you should be able to file for your I-485 as his derivative.