Priority Date Adjustment EB-3, EB-2

A

AjayReddy

New Member
Case Description:
I am currently on H1-B and my employer applied for my Green card Labor certification under RIR-EB3 Category in Sep-2003, in 2005 with the introduction of PERM processing my employer filed another labor on my name under EB-2 category and my EB-2 Labor was approved in Oct-2005, my employer applied for my I-140 for the EB-2 approved labor,my I-140 for the Eb-2 labor was approved in Dec-2005 and in Jan-2006 my EB-3 labor from backlog processing center was also approved.

My Question? :confused:

How can i use my earlier priority date i.e the date my EB-3 application was filed (Sep-2003) towards my EB-2 application?

Note: Case Status of EB-3 & EB-2 :)

EB-3
EB-3 Priority Date Sep-2003
Position Title: Programmer Analyst
LC Approved in Jan-2006
I-140 Not Applied.
I-485 Not Applied

EB-2
EB-2 Priority Date May-2005
Position Title: Software Engineer
LC Approved in Oct-2005.
I-140 Approved in Dec-2005.
I-485 Waiting to Apply beacuse of retrogation.

How could i use my EB-3 priority date towards my EB-2 application to file my I-485? :confused:
Sol:

Pros:

Cons:




Any Suggestions will be greatly appreciated. :)
 
You may end up in problem buddy, if you attempt to file another 140 in EB3. Though you can port the PD from one 140 to other, there is a big issue in the bonafide job oppurtunity. Your 140 was just approved for a higher position (EB2). Now, if you again attempt to file another 140 for a lower position (EB3) with same employer, it will lead to big suspician with USCIS that actully all your job offers are bonafide or not. Howmany job offer one employer can give to same person? It may appear to USCIS that your employer & you are doing fraud. People are giving lot of tricks, you are taking a risk.

It is better to consult with good-exprienced attorney before you take any chance.
 
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