EB3 to Eb2 porting with both I-140 approved seperately with same employer

[knr8622]

Please advise after reading my case
EB3 filed in Feb 2006 and approved in 2010 (and I-140 approved in 2010)
EB2 filed in Mar 2009 and approved in 2009 (and I-140 approved in 2009) both are from same employer.

Now my question is
1) can I port my earliest priority by reapplying EB2 I-140 and recapture old PD with new EB2-I-140 and apply I-485
or just apply I-485 with 2 approved l-140 saying EB2 but earliest pd from EB3 ?

or
2) I can't port because of same employer and Eb3 got approved after Eb2

Please clarify my doubts. I was unable to see any porting article related to this type of case.

Thanks,
Sree

 

[ginnu]

Please advise after reading my case
EB3 filed in Feb 2006 and approved in 2010 (and I-140 approved in 2010)
-------it took 4 years?
EB2 filed in Mar 2009 and approved in 2009 (and I-140 approved in 2009) both are from same employer.

Now my question is
1) can I port my earliest priority by reapplying EB2 I-140 and recapture old PD with new EB2-I-140 and apply I-485.
--- Yes you can recapture the EB3 PD. at the time of filing EB2 I-140 you were supposed to attach the copy of EB3 I-140 approval notice and on cover letter Lawyer was supposed to request for the recapture of Early PD of EB3 that was filed in 2006.

or just apply I-485 with 2 approved l-140 saying EB2 but earliest pd from EB3 ?
-----------------Let the lawyer explain on letter and should also attach copy of Both the I-140 approval notice. request should be made that I-485 should be approved based on I-140 in EB2 but with PD of EB3 I-140 that is 2006(LC filing date)
or
2) I can't port because of same employer and Eb3 got approved after Eb2
-----------------You can post the PD of EB3
Please clarify my doubts. I was unable to see any porting article related to this type of case.

Thanks,
Sree

-------------------

 

[knr8622]

Please advise after reading my case
EB3 filed in Feb 2006 and approved in 2010 (and I-140 approved in 2010)
-------it took 4 years? Yes , it was pending for 4 years, in the mean time my company filled for EB2 in 2009 and completed I-140 also in 2009.

Thanks,