Wrong proority date on I-140 with EB3 to EB2 conversion

Hello Friends ,
I have a situation -- I have two ceritified LCAs one in EB3 (with a PD of Nov 2004) -- I140 not yet filled and another one in EB2 -- filled when the first one was stuck in BackLog -- with a approved I140 ( with a PD of Nov 2006 ) .....

My question is : Can I file for another I-140 -- to get the old PD of 2004 under the new category EB2 ( since I already have an approved I140 in EB2 ) ?

Are there any risks ?

Any suggestions would be highly appreciated - Thanks !!
 
I think you can

I think you can port the priority date from your EB3 to EB2. You need to apply for I-140 for EB3 labor and once it is approved, send copies of both I-140s and a letter requesting the portability. Better to consult a desi lawyer before proceeding with this idea though.



sdolbg said:
Hello Friends ,
I have a situation -- I have two ceritified LCAs one in EB3 (with a PD of Nov 2004) -- I140 not yet filled and another one in EB2 -- filled when the first one was stuck in BackLog -- with a approved I140 ( with a PD of Nov 2006 ) .....

My question is : Can I file for another I-140 -- to get the old PD of 2004 under the new category EB2 ( since I already have an approved I140 in EB2 ) ?

Are there any risks ?

Any suggestions would be highly appreciated - Thanks !!
Click to expand...
 
To KKMohan

Hi,
My prv 140 was not revoked by my employer

Thanks,
GMR


KKMohan said:
Thanks for the information. I would like to know if your previous I-140 was revoked or not. How did the old employer hold your I-140 for such a long time. In my case my employer is going to revoke my I-140 once I leave the company. So, I would like to know if your old I-140 was reveked or not.
Thanks in advance.
Click to expand...
 
My Priority Date Porting Exp

At the time of filing my EB2 140, we(my Lawyer) send a copy of my EB3 approved 140 and a letter requesting to port the priority date from EB3 140 to EB2 140. EB2 140 got approved and we got the approval notice in the mail, we noticed that USCIS forgot to port my EB3 prioriry date. They gave us the EB2 perm filing date(new date) as priority date. Then my lawyer called USCIS over phone and explained the situation and told them about the requesting letter and copy of EB3 approved 140. After two weeks, they(USCIS) re-opened my case. This time they look at the requesting letter and EB3 approved 140 copy. They re-send the EB2 140 approval notice agian with re-captured priority date (older EB3 priority date) on it.
 
Planing for EB3 Pre-Approved

Hi guys,

I have situation like and i am going to try this

1) My Eb2 got approved wit my Current emloyer with PD 2006 Feb.

2) I-140 approved with RFE , i had issue abut my 4 - year engineering and Ability to pay, finally it got approved.I have been here in USA since 2000.

3) Now i have another employer of my friend would want to give me Eb3 labour (Pre approved 2002), i wanted to file Eb3 by not switching my current employer.

4) then once i get my Eb3 approved then can i PORT my date for EB2 with my current employer filing my I-485, I am not going to change any job here.

Do you guys see any issue.

And i heard that Who is sing this kind of porting got stuck in EAD, Do you know any one got Green Card Mailed from india / China, with priority date of EB2/2002 or EB3/2000.

Any body got their GC Card in 6 months without any More Scrutiny.

Thanks
ashish
 
Can I apply new EB2 Labor after I use the EAD

Hi Guys ...

I want to use this portablity from EB3 to EB2, Can I apply new EB2 Labor after I use the EAD by joining the new Employer.


I appreciate any response ..

Thanks
 
EB3 to EB2 with the same employer

I would like to know if any one has ported the EB3 LCA priority date with I-140 approved to EB2 category at the time of filling I 140 based on the new approved EB2 labor case filed using PERM.

Were the job descriptions/ requirements and salary/ location identical for both EB3 and EB2 cases?

Your guidance in this regard would be highly helpful.

Thanks,
 
EB3 to EB2 conversion

I missed in my previous post one specail scenario. what if both the EB2 and EB3 cases were files with the same employer? is it required for the job descriptions / salary, location etc to be identical (not similar) for both EB2 and EB3 labor certifications (LCAs) files with the same employer?
 
I applied I140 and I1485 last april and got my I140 approved in July 2006. But just came to know that my (useless) lawyer applied my I140 under EB3, though my Labor was approved under EB2. After I found that yesterday, he is saying now he will file my I-140 (Premium Processing) under EB2. My question is, do I have reapply my I485. Please can somebody tell me if they come across situation like this.
 
You must log in or register to reply here.
Top