I-485 filing question.

N

NYDude125

Registered Users (C)
Hello,
I have two Approved I-140. First Approved I-140 with EB-3 PD (India) of 18-Jan-2005 applied through regular LC. My attorney filed a NEW PERM LC under EB-2 & subsequently he was successfully able to port the older EB-3 priority date of 18-Jan-2005 to Second I-40 under EB-2 to of 18-Jan-2005.
The new Approved I-140 petition under EB-2 also shows the updated PD of 18-Jan-2005.

My question is:
Can I file my I-485 based on my Second Approved I-140 specifically under EB-2 category using my ported priority date of 18-Jan-2005 when it becomes current ?

Thanks.
 
what did your lawyer say?

If you didn't file 485 yet on EB3, then file 485 based on EB2. If you already filed 485 based on EB3, you can ask USCIS to change the under laying EB3-140 to new EB2-140. Contact your Lawyer to do that job.
 
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