Moving back the Priority Date

Czarz555

Registered Users (C)
Hi.
Here's my situation: my first application was filed in 2004 under EB3 category. After that, in 2005, another application was filed under EB2. Now, EB3 one was not withdrawn, so it's still active in some form. EB2, on the other hand, was the one that we worked on in terms of subsequent I-140/485 filings etc.

Currently, I am on EAD with my Priority date same as the EB2 application, i.e. 2005.

Now, I have heard that it is possible to keep my EB2 status alive and yet change the priority date to my previous EB3 application, which would be 2004. If this can be done, it will be a big help to me, as I will gain over 12 months on the PD side (you know what I mean).

Can the experts please shed some light on the viability of this, plus what do I need to do to get this done? Any other information that you can add to this would be great as well.

With bated breath, I shall await the esteemed words of wisdom from the enlightened ones on this website.

Thanks in advance.

P.S.: Just wanted to re-clarify that I want to continue to keep my application on the EB2 stream, but just be able to use the PD on my previously-filed EB3 application.
 
Last edited by a moderator:
Did you file I-140 for your EB3 case? Was it approved? If yes to both questions you can port your PD from the EB3 case to the EB2 case.
 
if 140 was filed and approved based on your EB3, then you can port the priority date..else it is not possible
 
Well, guess I'll just have to switch to my plan B -- make 5 million dollars over the next 6 months and file through investor category.

Thanks for the input, guys!!
 
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