Self-EB2, Spouse EB3 - Please advice


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We have G.C application in my name (India/EB2/Feb 2009) and Spouse (India/EB3/Jan 2004). With dates becoming current we were thinking of interfiling from Spouse EB3 to my EB2. 


Our current I-485 is filed on Spouse ((India/EB3/Jan 2004). However he is on EAD since 2010 and has not maintained H1B. Also in 2011, when he was only on EAD, he took some time off to work on Real Estate for Agent/fixing/flipping and later on decided to join job. He did his AC-21 with his client and eventually joined Client s Permanent Employee in April-2014.


Couple of questions.

1. When he was only on EAD, is he allowed to take time-off to work on things other than Employment, as he was not on any kind of VISA.

2. Big question is that is his EB3 case at risk of approval ?

3. Very difficulty to predict, what would be better to continue on EB3 case or interfile to EB2, when dates become current.






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Interfiling?  Your priority date belongs to you and his to him; they cannot be exchanged.

You just have to wait your turn if you want to qualify in EB-2. Your spouse will need to rejoin his GC sponsor if his petition is the basis for your and his GCs.


He was premature to join a different job track as it is very difficult to return to GC job after long absence.


You need to discuss your situation with an attorney.

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