Porting PD from EB-3 to EB-2

D

DineshKumar

New Member
I have EB-3 PD of Jan 2003, and approved I-140, I have a Master’s Degree from US, I am thinking of applying for EB-2 from the same employer while maintaining my current PD of EB-3.I have below questions, if someone can throw some light. I would really appreciate it.

1)Once my Perm Labor Application of EB-2 is approved, do I need to file my new I140 with EB2 PD or with can I file with it my old EB3 PD?

2)If so, then can I file 485 along with I140 application or will I have to wait until my new I140 is approved before filling 485?

Regards,
Dinesh
 
Dinesh,

Once you have your EB2-PERM laber approved, you will be filing for new I-140. You need to attach the your old I-140 approval copy along with the new I-140 filing. Then, USCIS will give you your EB-PD on new I-140.

I am not sure about filing I-485 together with I-140. I suggest you to go for I-140 premium processing and successfuly get your old PD ported to new I-140 first.

Then apply for I-1485.

I have done this for my case except filing I-1485 as I already have my I-1485 pending for the past two years.

Let me know if you need more info.

-Srini
 
Hi Srini,

I have approved I-140 in EB3 with pd 11/2002. My attorney applied perm EB2 labor and he is saying we can file I-485 together with I-140 once EB2 labor approved.
Is this correct procedure?

-Sankar
 
Hi Srini,
Did you get your I-485 Approved? I am also in same situation, I-485 is pending since May 2003 with EB3 category. I have PD of July 2002.
I am working on EAD since last 3 years, can I apply for new EB2 - Perm labor (as my 6 years H1 got over long ago) and Port it with EB3 labor of July 2002?
I would appreciate your response on this?
 
Sai4567,

Not yet, But I do see some activity on my application these days. Got RFE on medicals. Received 2FP.

My EB3 PD which successfully ported to PERM EB2 is July, 18, 2001.

-Srini
 
Sankar,

You can file both together. If they accept both then there wont be any problem.
It really depends on the person who looks at your filing. If he is familiar with porting rules/memo, then USCIS may not send I-485 back.

I dont see anything in wrong in trying.

-Srini
 
AC21 and PD portability

Hi,

I have also applied for I-485 EB3 with PD March 2002. But, used AC21 to change jobs and am currently working on EAD. My H1B from previous employer is still valid until 2008. Can I reapply for PERM labor with that H1B and subsequently apply for I-140 under EB2 and port my March 2002 PD?

Thanks,
 
ImmiABC,

As long as you have a copy your EB3 I-40, you can apply EB2 PERM, and port earlier PD to new I-140.
 
Thanks Srini! For some reason my attorney is reluctant to re-apply for EB2 perm, giving lame reasons that my H1B is no longer valid when I invoke AC21. Could you refer your attorney to me, please? I can give you my personal mail id. Thanks,
 
addagarla said:
Dinesh,

Once you have your EB2-PERM laber approved, you will be filing for new I-140. You need to attach the your old I-140 approval copy along with the new I-140 filing. Then, USCIS will give you your EB-PD on new I-140.

I am not sure about filing I-485 together with I-140. I suggest you to go for I-140 premium processing and successfuly get your old PD ported to new I-140 first.

Then apply for I-1485.

I have done this for my case except filing I-1485 as I already have my I-1485 pending for the past two years.

Let me know if you need more info.

-Srini
Click to expand...



Hi Srini
looks like you applied 485 with EB3 and then you applied EB2 labor and I -140. Some what I am in same situvation. Can you please advise me on my case... there are the details.

Thanks


1. I have EB3 Labor, I -140 approve. I -485 Pending (I applied concurrent - in 2003 before retro), PD June 2002

My question is :

1. Now If I file EB2 labor (with another company)and upon approval of labor, while filing my new I 140 , I will use my previous labor Priority date. While my new I-140 is pending , My existing EB3case With INS is still active? or because I am porting priority date, my existing case will be revoked?. If some thing goes wrong with my new I-140 , still I want to depend on my EB3 case as my 485 is already pending, did medical , FP, only waiting for PD.

Is these EB2 and EB3 both cases are treated separately even though I ported my PD.


Thanks in advance for your reply
 
1. I have EB3 Labor, I -140 approve. I -485 Pending (I applied concurrent - in 2003 before retro), PD June 2002

My question is :

1. Now If I file EB2 labor (with another company)and upon approval of labor, while filing my new I 140 , I will use my previous labor Priority date. While my new I-140 is pending , My existing EB3case With INS is still active? or because I am porting priority date, my existing case will be revoked?. If some thing goes wrong with my new I-140 , still I want to depend on my EB3 case as my 485 is already pending, did medical , FP, only waiting for PD.

>> Your existing I-485 based on EB3-I140 is active while your new EB2-I140 is pending. Nothing will happen to your previous application even if your new I-140 is denied.



Is these EB2 and EB3 both cases are treated separately even though I ported my PD.

>> this question is not clear to me. Could you rephrase it?


Thanks in advance for your reply[/QUOTE]
 
addagarla said:
1. I have EB3 Labor, I -140 approve. I -485 Pending (I applied concurrent - in 2003 before retro), PD June 2002

My question is :

1. Now If I file EB2 labor (with another company)and upon approval of labor, while filing my new I 140 , I will use my previous labor Priority date. While my new I-140 is pending , My existing EB3case With INS is still active? or because I am porting priority date, my existing case will be revoked?. If some thing goes wrong with my new I-140 , still I want to depend on my EB3 case as my 485 is already pending, did medical , FP, only waiting for PD.

>> Your existing I-485 based on EB3-I140 is active while your new EB2-I140 is pending. Nothing will happen to your previous application even if your new I-140 is denied.



Is these EB2 and EB3 both cases are treated separately even though I ported my PD.

>> this question is not clear to me. Could you rephrase it?


Thanks in advance for your reply
Click to expand...
[/QUOTE]



Hi Srini,
Thanks for your response.



>> this question is not clear to me. Could you rephrase it?


When I apply new I-140 (EB2 and asking to port my EB3 I -140 PD) when this I - 140 is in pending or even after approved, is my 485 with EB3 is still active.

As I am planing to Do EB2 with other company , do I need to file another 485. If yes, Under my name there will be TWO 485's one with EB2 and one with EB3.

Is these both will be processed - ( Considerinng, My current employer, EB3 does not revoke (Withdraw)my application. )


Hope this is clear. Thanks a lot
 
When I apply new I-140 (EB2 and asking to port my EB3 I -140 PD) when this I - 140 is in pending or even after approved, is my 485 with EB3 is still active.

>> Yes, your pending I-485 is still active.

As I am planing to Do EB2 with other company , do I need to file another 485. If yes, Under my name there will be TWO 485's one with EB2 and one with EB3.

>> You dont need to file another I-485. But if you want to file another I-485, you can do it. According to Pearson memo, it is in the interest of both the parties (USCIS and you) there is no need for another filing. You can change the underlying I-140 of existing I-485 application.

>>In my case, the linking (interfile) has happened automatically as I mentioned my A# number on new I-140 filing. I can guide you more on this once you get to that stage.

Is these both will be processed - ( Considerinng, My current employer, EB3 does not revoke (Withdraw)my application. )

>>If file another I-485, both will be processed. USCIS does allow more than one I-485 for an applicant.


Hope this is clear. Thanks a lot[/QUOTE]
 
addagarla said:
When I apply new I-140 (EB2 and asking to port my EB3 I -140 PD) when this I - 140 is in pending or even after approved, is my 485 with EB3 is still active.

>> Yes, your pending I-485 is still active.

As I am planing to Do EB2 with other company , do I need to file another 485. If yes, Under my name there will be TWO 485's one with EB2 and one with EB3.

>> You dont need to file another I-485. But if you want to file another I-485, you can do it. According to Pearson memo, it is in the interest of both the parties (USCIS and you) there is no need for another filing. You can change the underlying I-140 of existing I-485 application.

>>In my case, the linking (interfile) has happened automatically as I mentioned my A# number on new I-140 filing. I can guide you more on this once you get to that stage.

Is these both will be processed - ( Considerinng, My current employer, EB3 does not revoke (Withdraw)my application. )

>>If file another I-485, both will be processed. USCIS does allow more than one I-485 for an applicant.


Hope this is clear. Thanks a lot
Click to expand...
[/QUOTE]

Thanks Srini for clarification. Once I strat EB2 filing, I may required your help. Thanks again
 
addagarla said:
When I apply new I-140 (EB2 and asking to port my EB3 I -140 PD) when this I - 140 is in pending or even after approved, is my 485 with EB3 is still active.

>> Yes, your pending I-485 is still active.

As I am planing to Do EB2 with other company , do I need to file another 485. If yes, Under my name there will be TWO 485's one with EB2 and one with EB3.

>> You dont need to file another I-485. But if you want to file another I-485, you can do it. According to Pearson memo, it is in the interest of both the parties (USCIS and you) there is no need for another filing. You can change the underlying I-140 of existing I-485 application.

>>In my case, the linking (interfile) has happened automatically as I mentioned my A# number on new I-140 filing. I can guide you more on this once you get to that stage.

Is these both will be processed - ( Considerinng, My current employer, EB3 does not revoke (Withdraw)my application. )

>>If file another I-485, both will be processed. USCIS does allow more than one I-485 for an applicant.


Hope this is clear. Thanks a lot
Click to expand...
[/QUOTE]
Hi addagarla!
Can you clarify me how is my case ported? My second I140 is just got approved in PP. I originally filed I140/485 together in May 2006 and still pending. Now we are planning to port the second I140 that got approved (has a older PD) to my pending 485. So can you explain me the process? Sending a letter to USCIS by our attorney is enough? Any thing other than this to be done?

Thanks!
 
Do you have the copy of new I-140 approval? If your A# number mentioned on the approval, then the linking should be automatic. If the your PD is current ask your attorney to contact USCIS.


I did couple of things

I talked to one of immigration officer (not call center people) and mentioned about Pearson's memo.

My lawyer also sent a written request.

I am not sure which one worked, but when I checked with INFOPASS, the lady said that VISA number is currently available for me. This implies that the linking of new I-140 happened. My earlier I-140 is based on EB3, and the PD is not current.

Hope this helps.
Srinivas
 
addagarla said:
Do you have the copy of new I-140 approval? If your A# number mentioned on the approval, then the linking should be automatic. If the your PD is current ask your attorney to contact USCIS.


I did couple of things

I talked to one of immigration officer (not call center people) and mentioned about Pearson's memo.

My lawyer also sent a written request.

I am not sure which one worked, but when I checked with INFOPASS, the lady said that VISA number is currently available for me. This implies that the linking of new I-140 happened. My earlier I-140 is based on EB3, and the PD is not current.

Hope this helps.
Srinivas
Click to expand...
Thanks! for the detailed reply.

Actually my both I140s (pending and approved one) are current and both are in EB2. I believe they might have mentioned the A# in my second approved I140 petition too. Let me contact my attorney today and see what she says.

But I don't think I get approval for 485 soon anyway since my background check is still pending.

Thanks for the help
 
Hello,

My employers filed my I-140 under EB3 category back in Nov 2002 eventhough I had an MS from the US because a masters degree was not essential for my position at the time. Subsequently I got promoted to a position that requires a masters degree. My EB3 priority date is Nov 2002 and 485 was filed in Dec 2004 just before retrogression kicked in.

Am I eligible to use my old priority date (Nov 2002) and switch from EB3 to EB2 ? Or is that possible only if the lawyers mistakenly filed for EB3 eventhough filing under EB2 was possible ? I'm asking this question because I read somewhere that in addition to your qualification the requirements of the position also decides whether you can file as EB3/EB2/EB1 etc.
 
EB3 to EB2

I have a similar dilemma.

My Situation:
I applied for I-140 and I-485 concurrently in Dec. 2004. Since then my I-140 has been approved in Feb. 2005. I have changed 2 jobs using AC21. I am still on H1, and last year I got 3 years extension past my original 6 year limit. My wife is on EAD. I am from India and my priority date is 12/04/2002. As per the recent visa bulletin, the cutoff date stands at 08MAY01 for EB3/India. It has moved only 68 days in the entire of last year. With this rate I do not hope to get my GC anytime soon, so I am planning to switch from EB3 to EB2.

My Profile:
I have a Masters from US and over 9 years of progressive experience. My position requires min 7 years of experience and a Bachelors degree. So I think I am covered under EB2 eligibility criteria.

Questions:

1. First of all, can I switch from EB3 to EB2 by applying for a PERM Labor?

2. How long does labor certification take through PERM?

3. After LC, when applying for 140, how do I make sure that my old PD gets transferred to the new application?

4. How do I amend my I-485 petition to use the new EB2 I-140?

5. How long would this entire process take?

6. Is it worthwhile to go this route, or is better waiting for the EB3 PD to become current?

Thanks in advance!
 
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