Two approved 140s - EB3 & EB2, but PD not sure!!!

[GC2009]

Gurus,
In june 07, I filed 485 with the intent to use my EB2 category with EB3 labor - my EB3 labor has 2003 PD and EB2 PERM has 2005 PD. Till last week I was hoping that since USCIS has accepted my 485 during last june, my PD is 2003 and category is EB2, but last week when I called TSC, I was shocked to hear that my PD is 2003 but category is EB3 (instead of EB2), which means that USCIS is taking my earlier date EB3 as a PD instead of taking EB2 category with earlier labor.


Did anyone run into similar issue, any suggestions will help.

GC2009

 

[ginnu]

Gurus,
In june 07, I filed 485 with the intent to use my EB2 category with EB3 labor - my EB3 labor has 2003 PD
------------------Do you have I-140 approved on the base EB3 Labor filed in 2003????
and EB2 PERM has 2005 PD. Till last week I was hoping that since USCIS has accepted my 485 during last june, my PD is 2003 and category is EB2, but last week when I called TSC, I was shocked to hear that my PD is 2003 but category is EB3 (instead of EB2), which means that USCIS is taking my earlier date EB3 as a PD instead of taking EB2 category with earlier labor.


Did anyone run into similar issue, any suggestions will help.

GC2009

-----

 

[virenpshah]

How did you find out your PD and category?

By calling USCIS, any information related to priority date is generally not provided. What questions did you ask to get this information?

 

[immi_mygc]

Gurus,
In june 07, I filed 485 with the intent to use my EB2 category with EB3 labor - my EB3 labor has 2003 PD and EB2 PERM has 2005 PD. Till last week I was hoping that since USCIS has accepted my 485 during last june, my PD is 2003 and category is EB2, but last week when I called TSC, I was shocked to hear that my PD is 2003 but category is EB3 (instead of EB2), which means that USCIS is taking my earlier date EB3 as a PD instead of taking EB2 category with earlier labor.


Did anyone run into similar issue, any suggestions will help.

GC2009

your EB2 I-140 approved notice should show the PD of EB3 labor. If not then you will have to get that appended by providing the second approved EB3 I140. That will have your older EB3 labor PD date. You need to take lawyer help to do that.

 

[ginnu]

your EB2 I-140 approved notice should show the PD of EB3 labor.
------------------only if the I-140 was approved Based on Eb3 LC and Lawyer sent the evidence to USCIS that person is eligible for Early PD on the base of I-140 approved based on Eb3 LC, If no I-140 was approved on EB3 LC then he cant take the PD of EB3 LC

If not then you will have to get that appended by providing the second approved EB3 I140. That will have your older EB3 labor PD date. You need to take lawyer help to do that.

--------------

 

[GC2009]

Thanks ginnu for your response,
I have both I-140s approved - first one with EB3D 03, & second one with EB2D 05, at the time of filing 485, my lawyer requested USCIS to use EB2 category with PD:03, my approved I-140s do not have any PD listed on them....
Do you think amending later I-140 (with EB2D05) to request PD:03 with EB2 category will make more sense OR sending request to amend PD for already filed 485 will make more sense....
I'm also not sure how USCIS will port my new category (i.e., EB2) over older PD (with date 2003).

Thanks for your input.


your EB2 I-140 approved notice should show the PD of EB3 labor.
------------------only if the I-140 was approved Based on Eb3 LC and Lawyer sent the evidence to USCIS that person is eligible for Early PD on the base of I-140 approved based on Eb3 LC, If no I-140 was approved on EB3 LC then he cant take the PD of EB3 LC

If not then you will have to get that appended by providing the second approved EB3 I140. That will have your older EB3 labor PD date. You need to take lawyer help to do that.

 

[ginnu]

Thanks ginnu for your response,
I have both I-140s approved - first one with EB3D 03, & second one with EB2D 05,
at the time of filing 485, my lawyer requested USCIS to use EB2 category with PD:03, my approved I-140s do not have any PD listed on them....
Do you think amending later I-140 (with EB2D05) to request PD:03 with EB2 category will make more sense OR sending request to amend PD for already filed 485 will make more sense....
----------------- your lawyer need to send a request letter to USCIS that YOU( your name, DOB, A#) have early PD of EB3 I-140, he need to send copy of I-140 approval. recapturing early PD will help you for early approval of your I-485.
I'm also not sure how USCIS will port my new category (i.e., EB2) over older PD (with date 2003).

Thanks for your input.


your EB2 I-140 approved notice should show the PD of EB3 labor.
------------------only if the I-140 was approved Based on Eb3 LC and Lawyer sent the evidence to USCIS that person is eligible for Early PD on the base of I-140 approved based on Eb3 LC, If no I-140 was approved on EB3 LC then he cant take the PD of EB3 LC

If not then you will have to get that appended by providing the second approved EB3 I140. That will have your older EB3 labor PD date. You need to take lawyer help to do that.

----------------------