Pearson Memorandum-PD transfer

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willgetgc2005

Registered Users (C)
I have been working with the same employer for 5 years and early on filed a labor for me. This is EB2 (India), PD 2002 December. This labor is with backlog center and may be approved any time

now.Meanwhile my employer gave me a labor substitution EB3 PD Junel 2002. Luckily before retrogression hit, I was able to file 485 and obtain EAD and AP. However, now EB3 is backlogged. My 140 based on EB3 Substitution is approved too. Here is my question. If my EB2 Labor is approved, can I file another 140 and then transfer the prirority date of EB2 to my pending AOS.

I believe there is a PEARSON MEMORANDUM 2000, which allows you to transfer priority date. My immigration attorney says if we transfer PD, there will be a lot of questions from USCIS and is risky.IF there is law, i am not sure what the complications are. Any thoughts ? Has any one done this before ?

Thank You
 
willgetgc2005 said:
I have been working with the same employer for 5 years and early on filed a labor for me. This is EB2 (India), PD 2002 December. This labor is with backlog center and may be approved any time

now.Meanwhile my employer gave me a labor substitution EB3 PD Junel 2002. Luckily before retrogression hit, I was able to file 485 and obtain EAD and AP. However, now EB3 is backlogged. My 140 based on EB3 Substitution is approved too. Here is my question. If my EB2 Labor is approved, can I file another 140 and then transfer the prirority date of EB2 to my pending AOS.

I believe there is a PEARSON MEMORANDUM 2000, which allows you to transfer priority date. My immigration attorney says if we transfer PD, there will be a lot of questions from USCIS and is risky.IF there is law, i am not sure what the complications are. Any thoughts ? Has any one done this before ?

Thank You
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What you can do it File a new I-140 based on your EB-2 labor. Once I-140 gets approved you can request USCIS to switch I-140 underlaying your current I-485. I have seen many sucessfull cases like this
 
I am exactly in a same situation as your's.I was told by some people that i can transfer My eb3 485 to eb2 after My eb2 i-140 is approved but still need to clarify with my lawyer.If anybody already went through this pl share your experience.I appriciate all your suggestions.
Thanks
 
GP11,

My Attorney says this will cause issues. I am not sure, what issues though.
Was there any issues with the cases you have seen ?
 
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