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  • Unique Case

    Hi,

    We are faced with a weird situation. Any help would be greatly appreciated.

    Both my spouse and myself had filed our individual labor and I-140 and got them approved. We filed under the July'07 visa bulletin and have received our EAD and AP. We used my spouse's priority date which is Jan'06 and myself as derivative since my I-140 was pending and our lawyer was uncomfortable filing on my labor.

    Now, my I -140 is approved with a priority date of August'04.

    We have heard that the actual GC is approved only if your priority date is current. Is that true?

    Also, is there anyway that we can change our I-485 application with me as the primary applicant?

    Kindly advise.

  • #2
    Yes, green card is approved only if your priority date is current.

    You can file new I-485 based on you being a primary applicant, only when the priority date is current again.
    Immihelp Support
    No legal advice. Use at your own risk.

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