EB3 to EB2 porting risk

zCool

Registered Users (C)
#1
Gurus,
I need to understand the risks correctly.
I am currently on EAD and 485 pending based on EB3 PD of Mar 2004
No longer working for sponsoring employer.

I am thinking of apply in EB2 PERM and I 140 via new employer

Questions:
IF I 140 for newer EB2 labor gets denied then does that impact pending 485?
IF attorny just puts my A# on the EB2 140 application USCIS can link it to my pending 485 and link those 2?

What is safe way here?
I don't have AP as I didn't renew it, (don't have plans to go to India) so CP is out of question?
 

immi_mygc

Registered Users (C)
#3
Gurus,
I need to understand the risks correctly.
I am currently on EAD and 485 pending based on EB3 PD of Mar 2004
No longer working for sponsoring employer.

I am thinking of apply in EB2 PERM and I 140 via new employer

Questions:
IF I 140 for newer EB2 labor gets denied then does that impact pending 485?
---There will not be any connection of new I-140 to the existing approved I-140 & I-485.

IF attorny just puts my A# on the EB2 140 application USCIS can link it to my pending 485 and link those 2?
--->You need to use A# since you have it. Some cases I read USCIS does interlink it on its own and some cases not. So once your new I-140 approved in EB2, you would need update USCIS to interlink to the existing I-485 by writing and providing copy of second I-140 to claim under EB2 categary.
What is safe way here?
I don't have AP as I didn't renew it, (don't have plans to go to India) so CP is out of question?
---> If you are not on H1, so you should better have the AP. In case of family emergency or need to travel then AP will be only way to travel and come back. Better always have valid AP unless you are on H1.
Good luck.
 
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