📋 EB-3 India RFE - Duplicate EAD/AP After Switching Primary Applicant - PD Dec 2013

📋 **Case Status: RFE Received** --- An India-born EB-3 applicant with a December 2013 priority date received an RFE after filing a new I-485 as primary applicant, switching from a prior case where the spouse was primary. USCIS flagged the new I-765/I-131 as duplicates because valid EAD/AP from the original case are still active. The applicant is seeking guidance on whether to withdraw the new applications or explain the case structure difference. An EB-2 to EB-3 downgrade case for an India-born applicant with a December 2013 priority date. Originally, the spouse filed I-485 as the primary applicant (PD July 2014) with this applicant as a dependent. Both received EAD/AP under that case; the spouse used EAD while the primary remained on H-1B. That I-485 remains pending due to retrogression. A new I-485 was subsequently filed with the earlier-PD applicant as primary and the spouse as dependent, along with new I-765 and I-131 filings. USCIS issued an RFE citing existing valid EAD/AP and requesting either withdrawal of the new benefit requests or evidence the prior documents were lost/stolen. The core issue is whether USCIS will recognize that the prior EAD/AP are tied to a separate I-485 case (different primary applicant, different receipt number) and not true duplicates in the context of the new filing. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1rg7pip/eb3_india_dec_2013_pd_rfe_for_duplicate_eadap/)** *Source: Reddit EB-3 search* --- *This post was automatically curated from online sources to share real case experiences with the community.*