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h12gc
09-19-2009, 10:09 PM
Hi,

I had an appoved labor EB3 with PD Nov 2004.when dates retrogressed for EB3 I had applied EB2 PD AUg 2005 and got it approved.I had applied I 140 with EB2 and got it approved in Jan 2006.I had applied I485 in july 2007 at NSC.

Now can I port my EB3 PD to EB2 ? But I have never applied I 140 with EB3.

What is the Procedure for porting EB3 to EB2 ?I have been with same employer for last 5 years.Both the labors have been applied by the same employer.Do i need to apply I 140 again?

If I can recapture EB3 PD my dates will be current.Can any one suggest me on this?

Thanks
h12gc

vikki76
09-19-2009, 10:12 PM
If I-140 was not applied for your EB-3 labour, then PD is not locked so now you can not port your PD. Earlier, labors never expired, so even at later point, one could apply for I-140 and get PD ported. But now. (since 2007), I-140 has to be applied within 6 months of receiving labor certification otherwise, labor is assumed to have been expired.