How to confirm EB preference and PD?

[meg_z]

I have two LCs, two I-140 approved. My I-485 application was twice returned when we filed as EB2 using the ealier LC (which is EB3) date, and only got accepted in June 07 when the EB2 PD became current. But when I first applied for EAD/AP, the only LUD was on the EB3 I-140. I called last year and was told by IO that my preference was EB2 with the earlier PD. But I do not know if it is correct. How do I find out for sure? Through my lawyer, or Infopass? Thanks very much.

 

[jk0274]

But when I first applied for EAD/AP, the only LUD was on the EB3 I-140.

First thing you should know is that LUDs are often highly overrated.

Anyway, submitting I-765 and I-131 rarely, if ever, cause LUDs on any other applications you may have pending. If anything would get an LUD (and it normally won't), it would be the I-485 that your EAD and AP applications are based on, not the I-140. Therefore, it appears that the timing of the LUD you saw on your I-140 was purely coincidental and had nothing to do with submitting your EAD/AP applications.

If you want to know linkage, you can try calling USCIS. If the information you were given is that the I-485 is based on the older PD but is EB-2, isn't that a good thing?