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f wisam
Sep 17, 2023
hi
If I filed my employment based application (eb3-I458) as dependent in November, 2022, and the primary beneficiary filed in 2020. What is my priority date?! Am I current or no?! Thanks
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ChristinMe 003Sep 18, 2023
@f wisam if you file based on the primary's petition, your priority date is the same as the primary's. To know if you are current, you need to tell us what the priority date of the primary's petition.
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f wisamSep 18, 2023
3/2020
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Alex brown Sep 19, 2023
you are current then
Xhi YhaoSep 20, 2023
How is it employment based application when the primary applicant has been approved already? Isn't that family based?
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J ASep 21, 2023
@USCIS IS A MESS that is also my question. I believe its not only employment anymore and its more on a family based application. If it were employment they should have filed together or either they were not married at that time and followed through a family based petition instead.
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f wisamSep 22, 2023
it is employement based. we filed separately. we got married while the primary application was pending.
Xhi YhaoSep 25, 2023
@f wisam if your name is not on the I140 when it was originally filed... then your application should be family based.
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Alex brown Sep 29, 2023
@USCIS IS A MESS it’s called deritative application. you can separately file i 485 application when your application is pending or approved.

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