The Priority Date Is not Transferable Between the Spouses

Dr. William:

My wife filed PERM Labor Certification last year based on EB-3, but she can not file the I-485 application, because of the immigration visa retrogression. Now I want to file EB-1A, Extraordinary Ability petition. Can I transfer my wife's priority date to my case, if my EB-1A application gets proved? 


Answer:  

The priority date is not transferable between the spouses. So your idea is not an available option. 

But if your wife is also eligible for EB-1 petition, and if your wife files EB-1 and her labor certification-based EB-3 priority date is reached in the near future, both you and your wife will be able to file I-485 based on her EB-1 and using her earlier priority date. 

 

 

 

 

     

 

 

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