I485 filed as a married couple but we are in different categories


Roth2012

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Hello everyone,

My EB1B I140 was approved last month and so I submitted I485 for me and my wife early this month. My wife has her EB2 I140 approved before. So, in her I485 application, she entered her A# from her PERM.

We received receipts which show that my category is “Employment Based 1st" but hers is "Employment Based 2nd" with a priority date as October, 2012 which is from her PERM. Since EB2 is not current for her, would this delay or even disqualify her application? I think hers should be “Employment Based 1st" as well because hers was filed as a dependent.

What do you think? Your information would be much appreciated.

Thank you much.

Roth

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