Retention of priority date for derivative applicant in employment based AOS

[docamit23]

I have two approved employment based petitions (EB1: Priority date April 2018) and (EB2: Priority date: June 2012). The latest visa bulletin has a cut off date of 2016 for EB1 India. I plan to use the retention of priority date provision to use my EB2 priority date towards my adjustment of status for my approved EB1 petition. My wife would be the derivative applicant in this case. Can she also benefit from this retention of priority date provision as the derivative applicant in this AOS application.

[JosephTheDreamer]

I have two approved employment based petitions (EB1: Priority date April 2018) and (EB2: Priority date: June 2012). The latest visa bulletin has a cut off date of 2016 for EB1 India. I plan to use the retention of priority date provision to use my EB2 priority date towards my adjustment of status for my approved EB1 petition. My wife would be the derivative applicant in this case. Can she also benefit from this retention of priority date provision as the derivative applicant in this AOS application.

Your wife will be the Derivative applicant.
If the USCIS ports your PD, then I don't think there will be an issue with porting your wife's date.

From EB3 to EB2 porting, I have seen the derivative also getting the same PD as the Beneficiary while applying for AOS....

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But one question here:

Priority date porting are usually done during the I-140 phase.

Can we port it during the AOS phase too?

[docamit23]

I just confirmed this with an attorney. They said there should be no issue porting the date for the derivative applicant. Also, found this on the USCIS policy manuals ?In the event that an applicant is the beneficiary of multiple approved employment-based petitions filed under 1st, 2nd, or 3rd preference, the applicant is entitled to the earliest priority date. [28] The applicant typically alerts the officer of the intention to use the benefit of an earlier priority date by including an approval notice for the previous petition in the adjustment application packet?

[ramanujaml]

If my priority date from eb3 to eb1 does not show in the I140 approval notice, can I still go ahead and file my I485 if the initial priority date is current?