PD Porting Issue: I-140 for EB2 is already approved, now got EB3 LC with CURRENT Date

[TheyC]

Hi All,

Please help and let me know if any one has done PD porting to EB2 from EB3 after I-140 is already approved.

My case: (with same employer)
EB3 filed : March 2004
EB3 gone to Backlog center

EB2 filed : Aug 2006 (under PERM)
EB2 approved: Sept 2006
EB2 I-140 filed: Dec 2006
I-140 approved Dec 2006

EB3 LC approved : March 2007 (from backlog)
EB3 i-140 filing now...

How do I port priority date from EB3 and stick with EB2 I-140 which is already approved.

Appreciate help...

TheyC

 

[MA_Labor]

You don't have to do much. Just file for 140 in EB3 category and use that 140 while filing 485. You can just forget about the EB2 140.

Porting would have been a concern if you wanted to file under the EB2 category while retaining your EB3 priority date. For doing this you must attach both 140 approvals (EB2 & EB3), along with a letter instructing USCIS to use the EB2 140 with the older priority date from your EB3 140. This sometimes gets tricky with USCIS not knowing which 140 to use and you might end up going back and forth with them on this issue.