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Posted on 31 Jan 2010
Q.

Porting Derivative Employment based 485 to family based

1.Filed Labor certificate - Priority date Dec 2005 and I140 approved.
3.I-485 Aug 2007 - For me and my wife
4. My Green card got approved - Aug 2008
5- Got an RFE for my wife (Missing vaccination with Medical report)
6. We replied to the RFE with in a week but looks like the visa numbers got over by then and ever since its pending .
Case status says: The Reply to the Request for evidence is recieved and the case procesing have resumed

Questions :
1. Do we need to wait for the visa numbers be available for the adjudication of my wifes' case
or is the number already allocated to her when they took up the case in Aug 2007 and is it just sitting there.

2.Can we convert to family based and file a 485 now ...? (Like File a I-130 and use the priority date of Dec 2005)

User's Location: Kendall PArk, New Jersey, United States of America
Category: Employment-based Green Card
Posted on 01 Feb 2010
A.
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User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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