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Posted on 10 Jul 2009
Q.

Issues with porting to spouse's GC application

My wife's I-485 was as filed as my derivateve spouse based on me being the pricinpcal applicant.This is based on labor application filed on my behalf EB-3 priority date Jan'07 2005.we had also started a new process for my wife based on future job offer. Her priority date is March '2004 EB-3, she also has the valid labor approved, I-140 approved, but we did not file I-485 as we were able to file it on my application in July of 2007.

Now, USCIS is asking (by issuing RFE), that if my wife wants to be primary applicant and use earlier PD of March 2004.The problem is that the company that sponsered her is no longer in good financial situation and not in good terms with employees. So shell we abondon that petition or use her earlier pd and make her principal applicant.?

User's Location: Milford, Connecticut, United States of America
Category: Employment-based Green Card
Posted on 10 Jul 2009
A.
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.com

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          User_thumb_31_Photo_James_Mayock
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          220 Sansome St, 12th Floor
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          (415) 765-5111
          www.emvisa.com
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