How does EB2 140 application capture the old EB3 priority date? is it always captured?

[kiranmm13]

Hello all,

what needs to be done on the 140 application so that the new EB2 application can port the old priority date of EB3 application?

I have the priority date of May 2006 on my previous EB3 application, we filed a new labor which got approved not employer will be filing for EB2 140 application, will the old priority date always be captured? Or is it upto the Immigration officers disposal?

In one of the post that i was reading on other forums about 140 application ...these were the users comments..."my 140 for future employment has been approved Got the hard copy today 03/30 my old priority date march 2005 EB3 was not captured.........so bad"....how does this happen just curious

 

[Jackolantern]

It should be requested with the new I-140. And you (or your company's lawyers) have to follow up to check that they actually ported the priority date. It's not automatic, and sometimes USCIS delays it for months or ignores the request.