Transfer EB3 priority date to EB2

M

MA_GC_2007

Registered Users (C)
Hello, I have read threads talking about transferring EB3 priority date to a later filed Eb2 I-140. However, in my case, my I-140 based on EB2 perm was filed last Novemebr and is still pending and I just got my EB3 labor certified in backlog center and plan to premium process I-140 based on Eb3 soon.

So my question is, can I transfer the EB3 priority date to the EB2 I-140? What if my Eb2 I140 gets approved first (before the I-140 based on EB3)?

Any information and clarification is greatly appreciated.

Here is my info:

State: MA
TR EB3 PD: May 2003
TR EB3 certified date: May 2007

PERM EB2 PD: June 2006
PERM EB2 certified date: October 2006
PERM I-140 filing date: Nov 2006(still pending)
 
MA_GC_2007 said:
Hello, I have read threads talking about transferring EB3 priority date to a later filed Eb2 I-140. However, in my case, my I-140 based on EB2 perm was filed last Novemebr and is still pending and I just got my EB3 labor certified in backlog center and plan to premium process I-140 based on Eb3 soon.

So my question is, can I transfer the EB3 priority date to the EB2 I-140? What if my Eb2 I140 gets approved first (before the I-140 based on EB3)?

Any information and clarification is greatly appreciated.

Here is my info:

State: MA
TR EB3 PD: May 2003
TR EB3 certified date: May 2007

PERM EB2 PD: June 2006
PERM EB2 certified date: October 2006
PERM I-140 filing date: Nov 2006(still pending)
Click to expand...

This should work out. However, I read sometime back in this forum that I-140 PP will be rejected, if another I-140 is pending. In this case, upgrade the current I-140 to PP before filing the next one in PP.
 
EB2 I140 approved in sep2006, EB3 I140 still pending

I have similar case. My EB2 I 140 approved in Sep 2006. My Eb3 I 140 still pending. My lawyer acts different now and says I can not port the EB3 priority date to EB2 even after EB3 I 140 approval.. But earlier he said I can apply under EB2 once the EB3 I140 is apprved.. What do you guys think. I bet lot of people in this situation and looking for some good answer..
 
guys ,
I am also in the same boat.. did u get any response for your question....I am so confused ..... Please let me know if you had got response from other sources.
thanks.
 
Guys,
I dont think there should be an issue with this. One should be able to port a priority date from one category employment based immigrant petition to another one with an earlier priority date within the same category or different category so long as both of these petitions belong to EB1, EB2 or EB3 categories.
Please make sure that you dont apply for I-140petition in PP while another I-140 petition is pending.
 
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