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  #1  
Old 09-05-2009, 07:11 AM
frostrated frostrated is offline
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Default EB3 to EB2

I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
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  #2  
Old 09-07-2009, 09:29 PM
lvinaykumar lvinaykumar is offline
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Default

Well me almost in the same boat, have not applied EB2 140 yet, not sure what the process is
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  #3  
Old 09-08-2009, 12:49 AM
permfiling permfiling is offline
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Default don't port

Quote:
Originally Posted by frostrated View Post
I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
I would not advise you to port, stick with eb3 as you are working with company A right ? if not then stick with eb2 PD.
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  #4  
Old 09-08-2009, 03:32 AM
EB-VoiceImmigration EB-VoiceImmigration is offline
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Post Can port while filing I-140

As I understood from one of the attorney's post in this forum, that we can port priority date if we submit sufficient documentation while applying for I-140(for second GC process).

If I-140 is applied and pending or already approved then I' not sure if there is any chance to submit addendum to port the date..may be attorneys can help here.
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  #5  
Old 09-08-2009, 02:32 PM
waitingmygc waitingmygc is offline
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Default Why don't port

Permfiling,

Your response to this post is harsh/mean.

Can you give a single reason why not these guys shouldn't port or stick with their EB-2 priority date?

We should wish EB-3 dates also move and the guys get their GC before porting EB-3 to EB-2, otherwise EB-2 will retrogress (thatís the truth) and those are eligible to port will do it.

Frostrated,
It seems you missed the step of porting while filing I-140 (EB-2). Now, ask your attorney about the options.
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  #6  
Old 09-08-2009, 05:49 PM
mmrao2007 mmrao2007 is offline
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Default PD Porting

When you guys submit EB2 I140 application form, make sure you put appropriate A# from your EAD card on it. That way your application will go to same folder that your I485 file is in. When time is right USCIS will process all applications together and automatically port EB3 date to your EB2 I140. They should approve I485 and new I140 together, at least that's what has happened in my case.

If you already have second I140 approved, you need to communicate with USCIS with a covering letter with a colored paper and big bold letters on top, explaining the case and related case numbers. Please confirm with attorney.

Last edited by mmrao2007; 09-08-2009 at 06:15 PM.
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  #7  
Old 09-08-2009, 06:11 PM
frostrated frostrated is offline
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Default

Quote:
Originally Posted by permfiling View Post
I would not advise you to port, stick with eb3 as you are working with company A right ? if not then stick with eb2 PD.
why? any reasons?
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  #8  
Old 09-09-2009, 12:42 AM
permfiling permfiling is offline
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Default Not to be mean but process is much faster when eb3 moves

Quote:
Originally Posted by waitingmygc View Post
Permfiling,

Your response to this post is harsh/mean.

Can you give a single reason why not these guys shouldn't port or stick with their EB-2 priority date?

We should wish EB-3 dates also move and the guys get their GC before porting EB-3 to EB-2, otherwise EB-2 will retrogress (thatís the truth) and those are eligible to port will do it.

Frostrated,
It seems you missed the step of porting while filing I-140 (EB-2). Now, ask your attorney about the options.
My response is not supposed to be mean. I too wish that eb3 progresses. Well if by all means go ahead and do the process if the law permits but won't those cases get more complex?
The lawyers are hungry to get more $$$ as the case is complex and the processing as well.

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  #9  
Old 09-09-2009, 07:42 AM
YesWeWillGet YesWeWillGet is offline
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Post Recent EB3 to EB2 porting

One of my friend was successful porting his May 2004 priority dated EB3 to EB2. The entire porting process took three months for him to obtain Perm based LC and I-140 approvals.
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  #10  
Old 09-09-2009, 08:47 PM
Seek_Gc Seek_Gc is offline
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Default

if we are already using EAD from EB3 - 485 , are we still allowed to apply for another labor with EB2 ? and port the dates from EB3 while applying for EB2 - 140
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  #11  
Old 09-09-2009, 09:16 PM
waitingmygc waitingmygc is offline
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Default

Hi YesWeWillGet,

Is your friend filed EB-2 with same EB-3 employer or different?

Now these days, three months is surprising.
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  #12  
Old 09-10-2009, 03:53 PM
uscisc uscisc is offline
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Default I am in the same boat and did the following.

Company A - EB3 Ė PD Nov 2004.
Company B - EB2 Ė PD Feb 2007.

In July-2007 I applied 485 Using Company A EB3. In Apr-2008 I moved to Company B and In Feb 2009 my attorney sent an interfiling request to change the category on my EB3 case to EB2.

My attorney also told that, in general this kind of update look complex to the USCIS people and ignore the request.

If that happens then the next thing is to let our senator or congress man call to USCIS and request them to show more attention on that interfiling request. And you should do this after 3 months after sending the interfiling request.

One question, did you received the same alien number on both the I-140s or not? In my case my alien numbers are also different.

Also as of today I did not know whether my interfiling is success or not. The only way I will know about it is by calling the service center, which I havenít done yet.

My attorney has confidence that we can get the category changed.

Also as mmrao2007 specified, my attorniey also sent the documents with a covering letter with a colored paper and big bold letters on top, explaining the case and related case numbers.
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