Can i Retain old PD(EB3-RIR) to (EB2-PERM) ?

satgym73

Registered Users (C)
Hello UN/EricS/Friends,

My EB3-RIR LC has Priortity Date (PD) 10/13/2003. Based on this LC i had filed I-140 & I-485 @NSC concurrently on 10/18/2004. My I-140 got denied due to Ability to Pay (i think the actual reason was company filed too many I-140 petitions). We did applied MTR/Appeal in 10/2005 and it moved to AAO on 10/25/2005 & i'm waiting for a decision from AAO (approx processing time is 18 months for this catagory in AAO).

I don't know whether i can have hopes that it'll get clear in AAO. B'cos the % of approvals at AAO is < 5% itseems. Atleast if i get some RFE in AAO and it gets approved...really i'll be the happiest person.

Now i'm in the initial process of applying Labor in PERM in EB2 catagory. Once it's been certified, before applying I-140 (or) I-485 based on this PERM, can i retain the old PD (10/13/2003) for this new one?. Please let me know at what stage i have to take care of this in order to keep the old PD (priority date).

Really i'd lost my enthu..patience..energy this time to do and go thru this process once again. First of all can i have EB3's PD to EB2's?. So, please suggest me your valuable thoughts on my boaring situation. The job title under EB3 was Programmer/Analyst (Bachelors degree + 2 yrs exp) & EB2 is Software Engineer (Bachelors degree + 5 yrs exp)

Thanks in advance!
 
I think it can be done.

Look at this thread - see the posts by UN, where he talks about this scenario.

http://www.immigrationportal.com/showthread.php?p=1357167#post1357167

satgym73 said:
Hello UN/EricS/Friends,

My EB3-RIR LC has Priortity Date (PD) 10/13/2003. Based on this LC i had filed I-140 & I-485 @NSC concurrently on 10/18/2004. My I-140 got denied due to Ability to Pay (i think the actual reason was company filed too many I-140 petitions). We did applied MTR/Appeal in 10/2005 and it moved to AAO on 10/25/2005 & i'm waiting for a decision from AAO (approx processing time is 18 months for this catagory in AAO).

I don't know whether i can have hopes that it'll get clear in AAO. B'cos the % of approvals at AAO is < 5% itseems. Atleast if i get some RFE in AAO and it gets approved...really i'll be the happiest person.

Now i'm in the initial process of applying Labor in PERM in EB2 catagory. Once it's been certified, before applying I-140 (or) I-485 based on this PERM, can i retain the old PD (10/13/2003) for this new one?. Please let me know at what stage i have to take care of this in order to keep the old PD (priority date).

Really i'd lost my enthu..patience..energy this time to do and go thru this process once again. First of all can i have EB3's PD to EB2's?. So, please suggest me your valuable thoughts on my boaring situation. The job title under EB3 was Programmer/Analyst (Bachelors degree + 2 yrs exp) & EB2 is Software Engineer (Bachelors degree + 5 yrs exp)

Thanks in advance!
 
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