EB3 PD -> EB2 Portability & attachment to pending 485

Is porting possible?

Gurus,

I am a new bee to this particular forum and would highly appreciate your help and any possible information for my situation which is as under.

I am still waiting in BEC for my labor approval (PD: July,2003-EB3,Employer - A). In year 2006 I got second labor application (PERM) and I-140 (EB2) filed through Employer B and both labor and I-140 approved.

Now I am planning to port my old 2003 PD to new file once my old labor and I 140 approved. My question is that is this possible as my second (recent) I 140 is already approved? If yes then how can I get it ported?

Thanks.

- BharatPremi
 
Hi Lxs,Josamdee,Bronxboy,
I'm planning to do the same thing. I got new EB2 I-140 approved with old PD (July 1, 2003). I have a pending I-485 with the EB3 I-140. My lawyer said we can do an "upgrade" of the I-1485 from old EB3 I-140 to new EB2 I-140.

Is this a standard procedure? Do you know if there are any published guidelines on this? Are there any risks involved with this, such as USCIS not acting on this letter on time etc.

Thanks a lot for your help.
Bronxboy congrats! Lxs, Josamdee good luck!

Thanks,
-Srigans
 
Question

Hi Lxs,Josamdee,Bronxboy,
I'm planning to do the same thing. I got new EB2 I-140 approved with old PD (July 1, 2003). I have a pending I-485 with the EB3 I-140. My lawyer said we can do an "upgrade" of the I-1485 from old EB3 I-140 to new EB2 I-140.

Is this a standard procedure? Do you know if there are any published guidelines on this? Are there any risks involved with this, such as USCIS not acting on this letter on time etc.

Thanks a lot for your help.
Bronxboy congrats! Lxs, Josamdee good luck!

Thanks,
-Srigans
 
Similar situation with TSC - 140 upgrade

I am in similar situation. January 2007 I have applied for EB2 140 and they gave me a PD of Sep 2006. In fact, my EB3 PD is March 2002.

My lawyer said it is a clerical mistake and he will send a letter to them and they should fix it in 2 to 3 weeks. He said they will issue a new I-140. I am not sure what is going to happen. I haven't heard USCIS fixing mistakes in 2 to 3 weeks, EVER.

My question to the experts is: If the EB2 priority date update gets delayed, will I still be considered in the EB3 category? Because my PD is CURRENT under EB3 category.
 
you will be OK

I had the simmilar situation.
Your EB3 app will be unaffected probably will get approved before your PD is corrected.
BTW my EB2 PD is stiil not corrected neither my premium processing money is returned. good part is my GC is approved on EB3 basis.
So I am considering extra money/time/energy spent to switch to EB2 as collateral damage.

Good Luck:)
 
Thanx LXS

lxs thank you for your prompt response. I guess that is really good news because my EB3 PD is current since June 2007. I hope I get my GC soon. I have different issue now, when the congressman contact the USCIS they say that my finger prints are not cleared since a year. When I call FBI they say they were cleared in 24 hours. I am just stuck there. I hope some miracle happens.

Also, I agree and I do not regret the additional money spent on the upgrade process.
 
A# and EB2 Upgrade

Hello experts!

Fortunately, I was able to talk to the Visa officer who holds my file (I know!!!). He told me the delay in my case is because there is one more Service file on my name with a different A number. They have merge those two before ordering a visa number for me. So I am guessing at least 6 months.

My questions are:
When is an A# assigned? Labor, I-140 or I-485?
If an A# is assigned during I-140, then I am guessing that would be the reason for the delay because I have two approved I140's one for EB3 and one for EB2.
I already have an A# during my Master's days for my OPT EAD. That A# is 9 digits i.e. 123 456 789. However, I read somewhere that A# is 8 digits, if you exclude the first 0 i.e. 012 345 678.

Please let me know your thoughts. I am mentally prepared to wait for 6 months.
 
You must log in or register to reply here.
Top