green card, extraordinary ability, outstanding researcher, national interest waiver, niw, h1B visa, j1 visa, j1 waiver, i140, i485, permanent resident, immigration, reference letter, request for evidence, request for initial evidence, rfe, requesting for evidence, eb2 niw, reccomendation letter,do it yourself, eb1, eb2, h1b, j1, i 485, form i485, perm, labor certification, perm recruitment, eta form 9089, form 9089, eta 9089 form, 9089 form, labor certification application

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.




Green Card Apply Service - For All Your Immigration Needs	© Green Card Apply Service www.greencardapply.com