EB3 PD -> EB2 Portability & attachment to pending 485

J

josamdee

Registered Users (C)
I had a pending 485 application with an already approved I-140 in EB3 category. :confused:

Recently I got an EB2 I140 application approved (PERM filed in Dec 2006)with earlier Priorty date (PD of earlier EB3) using PD portability clause. :cool:

Now the Question:
The new EB2 approval notice has my Alien # and correct PD so DO i still need to do something to attach this new I140 to the pending I-485. (DO i need to still Inter-file 485)?
OR
USCIS will automatically link it and process my 485 for approval since my PD is current now since moving to EB2 Category.
 
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Josamdee,
Just wondering what is happening in your case, I am also in same boat and now thinking what shud be next step

Thanks
 
I am in the same situation

Hello
Josamdee, Lxs,


My new 1-140 in EB-2 got approved today, waiting for the Approval notice to see if they issued the Old PD.

As per my attorney we dont have to refile 1-485, just request them to approve the case since it is current, by showing them the new EB2 1-140 approved notice

My Eb3 PD is Aug 2002.
 
Hello Bronxboy,
Interesting! Even My I140 Eb2 got cleared today but unfortunately They gave me new PD!!!! this is from Texas svc center email to my attorney.
I dont know what my attorny is going to do next.....
My Attorney also says that if OLD PD is established on new 140, He can send request to USCIS to change underlying I140 in I485 application.

lxs
Eb3 PD OCT'2002
 
lxs,

I am in the same boat. I filed 140/485 concurrently. CIS (Texas) accepted both. Approved 140,AP and EAD. My 140 got approved with the PD of my new labor instead of porting PD from earlier approved 140. Attorney says it is clerical mistake. Sent a letter to correct it 2 months ago. Still waiting.

Let us know the progress in your case.
 
bronxboy said:
Hello
Josamdee, Lxs,


My new 1-140 in EB-2 got approved today, waiting for the Approval notice to see if they issued the Old PD.

As per my attorney we dont have to refile 1-485, just request them to approve the case since it is current, by showing them the new EB2 1-140 approved notice

My Eb3 PD is Aug 2002.
Click to expand...
bronxboy, thanks for the update. Please let me know if you see any LUDs on your 485.
 
Hello ConfusedLife,
I understand you filed concurrent. Any chance you used Premium processing for I140?
Just wondering if Texas CIS always does this to 2nd time I140 filers! not porting pd from old I140 to new I140
Is there anybody who got old PD on new 2nd I140 from Texas CIS?

Thanks
lxs
 
josamdee said:
bronxboy, thanks for the update. Please let me know if you see any LUDs on your 485.
Click to expand...


I haven't received my I-140 approval notice(premium Processing). This is approved from TSC, my 485 case is pending in VSC, so after getting my 140 approval notice we will request them to approve my 485, hopefully when they recive my request I may seee the LUDs on my 485. I will let you know.
 
lxs said:
Hello ConfusedLife,
I understand you filed concurrent. Any chance you used Premium processing for I140?
Just wondering if Texas CIS always does this to 2nd time I140 filers! not porting pd from old I140 to new I140
Is there anybody who got old PD on new 2nd I140 from Texas CIS?

Thanks
lxs
Click to expand...


I know one who got old PD on his new EB2 140 from TSC.(Premium Processing)His old 140 is in EB3, but I do not know which service center it is, I believe it is from VSC, but not sure.
 
Hi lxs,

Mine was not premium processing. Filed concurrently. Collegue of mine filed just like me. He got his PD ported to the new I140. It got cleared from Texas.
I found another case just like me in this forum. I think it has become a practice to Texas people.
 
lxs said:
Hello Bronxboy,
Interesting! Even My I140 Eb2 got cleared today but unfortunately They gave me new PD!!!! this is from Texas svc center email to my attorney.
I dont know what my attorny is going to do next.....
My Attorney also says that if OLD PD is established on new 140, He can send request to USCIS to change underlying I140 in I485 application.

lxs
Eb3 PD OCT'2002
Click to expand...

Hi Lxs,

Today Ireceived my new 140 EB2 approval notice, and it has my New PD!!!, this is from TSC. Attorney is telling that there wont be any problem.

Any Update from your side, please let me know.
 
bronxboy,
My Attorney sent email to USCIS(140 PP dept) asking them to give me benefit of earlier PD. Yet to hear anything.
I believe we will get old PD but the question is -- after how many days? I spent $1000 extra for speed processing but never expected this speed bump!

Keep us updated about yr case.
 
lxs said:
bronxboy,
My Attorney sent email to USCIS(140 PP dept) asking them to give me benefit of earlier PD. Yet to hear anything.
I believe we will get old PD but the question is -- after how many days? I spent $1000 extra for speed processing but never expected this speed bump!

Keep us updated about yr case.
Click to expand...

MY attorney Did the excatly the same thing today sending an email to them. Keeping finders crossed. When did your attorney sent that email, let me know if there is any reply from USCIS.
 
Takes about a month

This happened to me at TSC..they put the new PD instead of transfering the old one. Lawyer sent a letter along with documents re explaining again. Got a new I-140 with correct PD after about 4 weeks..so have patience.. it will happen
 
Hello bronxboy,
My Attorney sent Email on 25thJAN .
No update since then.

Keep us updated if you get any response
Good Luck
LXS
 
aribac1 said:
This happened to me at TSC..they put the new PD instead of transfering the old one. Lawyer sent a letter along with documents re explaining again. Got a new I-140 with correct PD after about 4 weeks..so have patience.. it will happen
Click to expand...


Did you filed in a Regular or Premium Processing
 
lxs said:
Hello bronxboy,
My Attorney sent Email on 25thJAN .
No update since then.

Keep us updated if you get any response
Good Luck
LXS
Click to expand...


Hi Lxs,

The email from my attorney was forwarded to the adjudicating officer.
Is there any update from you attorney.
 
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