madkan Posted December 6, 2013 Report Share Posted December 6, 2013 I am currently on EAD with 2006 Sep EB3 priority date.My wife is also on EAD from my greencard. My wife's company is willing to process her Greencard in Eb2 Category. Does porting with old date work in this scenario once labor and 140 are approved for my wife? We haven't talked to any one yet but my initial feeling is since the original 140 is not in her name, this might not be possible. Can anyone help? Link to comment
catx Posted December 6, 2013 Report Share Posted December 6, 2013 In a word, no. A priority date, PERM labor certification application, and I-140 petition are for an individual (independent of a spouse and/or children) A spouse only comes into the process as a derivative I-485 adjustment of status application based on the primary beneficiary's I-485 adjustment of status application. Link to comment
Desi Dude Posted August 1, 2014 Report Share Posted August 1, 2014 Yes it is possible. You will have to port the earlier PD and make her the Primary after her EB2 I140 is approved. Link to comment
pontevecchio Posted August 1, 2014 Report Share Posted August 1, 2014 You cannot port the PD to a different person. Link to comment
JoeF Posted August 1, 2014 Report Share Posted August 1, 2014 I am currently on EAD with 2006 Sep EB3 priority date.My wife is also on EAD from my greencard. My wife's company is willing to process her Greencard in Eb2 Category. Does porting with old date work in this scenario once labor and 140 are approved for my wife? We haven't talked to any one yet but my initial feeling is since the original 140 is not in her name, this might not be possible. Can anyone help? No, that is not possible. The PD is for your application only. It can not be used for her application. Link to comment
JoeF Posted August 1, 2014 Report Share Posted August 1, 2014 Yes it is possible. You will have to port the earlier PD and make her the Primary after her EB2 I140 is approved. Sorry, but that doesn't work. The PD is for his I-140 only. It can never be used for her I-140. Link to comment
Desi Dude Posted August 4, 2014 Report Share Posted August 4, 2014 If she becomes the Primary and you become the derivative then her PD can be used (which is earlier than yours). Link to comment
JoeF Posted August 5, 2014 Report Share Posted August 5, 2014 If she becomes the Primary and you become the derivative then her PD can be used (which is earlier than yours). Hmm, no. Please read the OP's post again: "My wife's company is willing to process her Greencard in Eb2 Category. " She is a dependent on his application. She doesn't have the GC process started. If she starts the GC process now, her PD would be later than his. So, your suggestion would make things worse. It would only work if the EB2 PD for her is current or moves way way faster than his EB3. Link to comment
Desi Dude Posted August 5, 2014 Report Share Posted August 5, 2014 You are right JoeF, I didn't realize that her EB2 process hasn't started. The best way to proceed would be for the husband to file EB2 and port his own date. Link to comment
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