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

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

    Hello,

    My EB1B I140 was approved 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 PERM.

    We recently received receipts which show that my category is “Employment Based 1st" but hers is "Employment Based 2nd" with her priority date as October, 2012 which is for 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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