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Can switch I-485 AOS submitted to use spouse's priority date?

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  • Can switch I-485 AOS submitted to use spouse's priority date?

    My family I-485 AOS were submitted in last month. Due to the backlog, it is far from my priority date. My husband changed his job and his current company is sponsoring him to get PERM and I-140 approved. His priority date is about 2 years earlier than mine. Once he gets his PERM and I-140 approved, can we switch to use his priority date for my family I-485 AOS? If his priority date comes to current, can we still keep our AOS application, but just use his priority date?

    Thanks,

  • #2
    You cannot switch the priority date on the previous I-485. But you can file a new one when spouse's date becomes current.
    This is my opinion and not legal advice.

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