Want to substitute OR 140 with NIW 140. Can I use PD for the OR 140?

C

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Registered Users (C)
Gurus, I would appreciate your inputs on this question.
I filed my 485 based on an EB1 OR I-140, in Aug. \'98. Since
then, my company was acquired, so in Nov. \'99 I filed and
got approved an NIW I-140. I have an RFE now and I want
to substitute the OR 140 with NIW 140. The problem is that
the PD is not current for the NIW 140. (Nov. \'99). Can I use
the PD for the OR 140 and ask for a substitution?
Any inputs are much appreciated.
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EB1 PD is always current.... so Don\'t worry.
Check travel.state.gov/visa_bulletin.html for EB1 PD!!
 
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Yes, but NIW comes under EB2. Therefore, I will be going from EB1 to
EB2 (so PD becomes an issue for me). I heard that one can use
the PD of the earlier I-140 but I am not really sure. Thanks for your
response and I hope someone else can post more.
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No Title

You sure can retain the old PD.
As to how to handle the paper work, please seek legal advice.
 
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Thanks space. I do have legal consel but I wanted to make
sure this was true. The advice and info. on this forum is of a high
 quality (IF used with discernment) & I value input from users like you.
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