Reassignment of I-485 to alternate eligibility

In a recent meeting, Nebraska Service Center has clarified why, some times, in cases of pending I-485 applications, USCIS approves AOS interchanging the applications of the derivative and principal applicant:

It is critical to note that NSC cannot assign a priority date from one person to another, but the I-
485s can be amended if there is alternate eligibility. The priority dates assigned to one
individual can be moved between classifications within the parameters of the Pearson Memo.
If current principal husband has an approved I-140 (EB-2) with a more recent priority date and
the derivative wife has an approved I-140 (EB-3) with and earlier priority date, you cannot
switch priority dates and assign the earlier date to the husband. However, if the EB-3 for the
derivative wife is current, the husband's I-485 can be re-classified as the derivative and the
wife's as principal, to permit the approval of the applications.

Green Card

Add new comment

Filtered HTML

  • Web page addresses and email addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Allowed HTML tags: <a href hreflang> <p> <h2 id> <h3 id> <h4 id> <h5 id> <h6 id> <em> <strong> <cite> <code> <ul type> <ol start type> <li> <dl> <dt> <dd><style> <drupal-entity data-*>
If you want to be notified of a response to your comment, please provide your email address.
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.