EB3 to EB2

[deepachoudary]

Hello All,

I have applied for my EB3 labor in Dec 2004 and have cleared labor and I-140.

As I have masters degree from here (USA), I have applied for my EB2 labor in Dec 2006 and have cleared me labour and I-140.

I requested to port my previous priority date on to the new one when I have applied for my EB2 I-140. Unfatunately 1-140 got cleared in EB2 but with Dec 2006 priority date.

When I sent my I-485 application I have included both I-140's and request to port also.

Now I have two dates EB3 Dec 2004 and EB2 Dec 2006 and none of them are current.

Can some thing be done now?

Regards,
Deepa.

 

[Sc3]

Hello All,

I have applied for my EB3 labor in Dec 2004 and have cleared labor and I-140.

As I have masters degree from here (USA), I have applied for my EB2 labor in Dec 2006 and have cleared me labour and I-140.

I requested to port my previous priority date on to the new one when I have applied for my EB2 I-140. Unfatunately 1-140 got cleared in EB2 but with Dec 2006 priority date.

When I sent my I-485 application I have included both I-140's and request to port also.

Now I have two dates EB3 Dec 2004 and EB2 Dec 2006 and none of them are current.

Can some thing be done now?

Regards,
Deepa.

Try porting to EB1.. it is usually current all the times. Seriously though, Dec2004 is current for EB2 isn't it? If you application RD/ND is beyond the processing time frame reported by USCIS, you should initiate a query to USCIS, they may have missed the fact about your older priority date.


PS: I dont think they will issue 140 with the older PD. PD comes into picture only for I485 processing and approval, which is where you need to comment and highlight the older PD.