Priority Date Recapture Please assist

Y

yellowrocks

Registered Users (C)
Here is my situation



My I-140 is approved and I 485 is pending with Priority date of April 2004 in EB3.

Now i have earned a Master's Degree, so i am eligible for EB2.

The job description was "Software Engineer"


If i file new labor and new I 140 under EB2 and capture older Priority date, will i have to show a different job description in this one?

Or older job description with qualificatiion requirements of Master's + 6 months of experience would be enough??



How to let USCIS know to Capture old Priority date on existing I 485 application and to process it under EB2?

i got married after my I 485 was filed.


So with existing 485 filed under EB3, can i file my Wife's I 485 because my priority date in EB2 is now current,
how to do that, i mean how to explain this to USCIS?


Please assist
Thanks
 
yellowrocks said:
If i file new labor and new I 140 under EB2 and capture older Priority date, will i have to show a different job description in this one? Or older job description with qualificatiion requirements of Master's + 6 months of experience would be enough??
Click to expand...

USCIS could legitimately question whether the job truly requires a Master's degree, since it didn't before, and reclassify it as EB3.
 
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