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Posted on 08 Sep 2010
Q.

485 re-application based on spouse's PD in EB2 category

My I-485 is pending under EB-3-India category with a PD of 12/2004.

I-485/EAD/AP was applied with me as primary and my spouse as dependent in 2007.

I am currently working on EAD with the sponsoring employer.

My spouse is working on an independent H1 visa via her employer. She has an approved I-140 in EB-2-India category with a priority date of 6/2007.

Q1. With EB-2-India dates moving forward is it possible for us to reapply using her priority date when her dates are current to take advantage of the EB2 category ?

Q2. If we do take this step (if & when we can) what happens to the original application ?

Q3. At that time if I am still working on my original EAD - does that get withdrawn/rejected ? Can I continue working on the EAD ?

Thanks for your response.

User's Location: Herndon, Virginia, United States of America
Category: Employment-based Green Card
Posted on 09 Sep 2010
A.
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Michael Ryvin
Immigration Lawyer
Ryvin Wallace Group
(415) 765-0679

www.ryvinwallacegroup.com

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