Transferring Spouse Priority Dates – Cross Country Chargeability.

By: Shah Peerally Esq.
I have a question regarding my GC processing I have a petition filed I-485 with the USCIS, and it was filled in 2007 and its in the EB3 category and since the movement in the EB3 category pretty slow my wife’s employer is currently willing to process her petition in EB2 category, would it be possible for her to port my date for her application?

No, unfortunately no you cannot port the date of your spouse’s I-140 petition; the only porting allowed is cross country chargeability that’s allowed between spouses if she was born in another country.  If she was born in another country (where the date is current), you can use this date.  She doesn’t have to have citizenship of this country – she just have to be born there. Unfortunately in your case, you just want to port from one I-140 to another so the answer is no she won’t be able to use that. However,  she should go ahead and do her EB2, because we don’t know how the things are going to unfold, we are hoping there will be some immigration reform happening in the next 6-7 months (2013) and there would be something good for our community that’s why we are going to start a campaign promoting that if there is a immigration it should be fair for everybody, but no to answer your question unfortunately that’s not going to be possible.

Article on Immigration Reform Read Here: https://immigrationlegalblog.com/2013/01/immigration-reform-is-it-all-about-latino-or-hispanics/

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