EB3 to EB2 Porting

[Openarms]

Looking for attorney for GC processing. PERM - I-140 (Interfile with existing PD). Please respond with details so that I can discuss with full details later. Appreciate if you state your fees.

[waitingmygc]

For a case like you best bet will be "Immigration Law Group".

IMMIGRATION LAW GROUP LLP (http://www.immigrationlawgroup.net/)

Note: Its merely my personal onion.

[Prashanthi]

[QUOTE=Openarms;1113771]Looking for attorney for GC processing. PERM - I-140 (Interfile with existing PD). Please respond with details so that I can discuss with full details later. Appreciate if you state your fees.[/QUOTE

As per 8 C.F.R. § 204.5(e) in order to transfer your old I-140 priority date on to the new I-140, you have to ensure that the old I-140 is approved and will not be revoked by the employer or the USCIS. You have to then file a new PERM, once this is approved file a new I-140 and request that the PD of the old I-140 be ported to the new I-140. This is the process.

[xtronics]

Thanks Prashanti
What is the approximate time for the perm labor to get approved in current situation? I know we can apply for premium processing for I-140. Premium processing is 3 months?
Please let us know when you get a chance.

[s416504]

I heard under current USCIS procedures, USCIS scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD your are entitled to. (Multiple I140s with single I485).

I am not sure if they port PDs with different categories. Like One have EB3- PD2004 & EB2- PD2008 so EB2 will be ported to PD2004. I think they have have stpooed this & USCIS has started assigning multiple priority dates depends upon category.

[iwantmygcnow]

I have an approved EB3 I140 ( PD 10/2002 ) and an approved EB2 I140 ( PD 04/2007 ) but my attorney has been having trouble getting the EB33 priority date on to EB2. My EB3 petition is with Texas Service Center. Both of my petitions are from same employer.

Has anyone had any success with Texas Service Center for this kind of request recently?

[Nil]

{As per 8 C.F.R. § 204.5(e) in order to transfer your old I-140 priority date on to the new I-140, you have to ensure that the old I-140 is approved and will not be revoked by the employer or the USCIS. You have to then file a new PERM, once this is approved file a new I-140 and request that the PD of the old I-140 be ported to the new I-140. This is the process. }

Thank You for clarifying.
After the new PERM is approved, is it possible to actually premium process the new I-140?

[saratswain]

Hi, I had a similar case and I could port it. My case was

EB3 -> 06/2004
EB2 -> 08/2006
(Same employer, Texas center)

Last year in August when EB2 PD for 2004 was current my attorney sent a letter to USCIS. She mentioned that we can only send the letter when EB2--6/2004 is current. I inquired about the letter with USCIS few times but to no avail. This year when the PD becomes current I opened an SR on Aug-18th,2009 and the case got approved on Sept-1st.


I have an approved EB3 I140 ( PD 10/2002 ) and an approved EB2 I140 ( PD 04/2007 ) but my attorney has been having trouble getting the EB33 priority date on to EB2. My EB3 petition is with Texas Service Center. Both of my petitions are from same employer.

Has anyone had any success with Texas Service Center for this kind of request recently?

[iwantmygcnow]

Thanks for the information.

Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.


Did you use your own attorney?

--Kiran

[saratswain]

I did not have it either and I had tow A# number for me. This is what my lawyer did

> Wrote a letter citing ref# to the porting rule
> Submitted evidence

I did it through my company attorney. I have full access to her though.

Please send me a personal msg and I can give templates for the letter, it might help.

Thanks for the information.

Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.

Did you use your own attorney?

--Kiran

[ekkatip]

My Friend has two I-140 one EB3 2002 PD and Other EB2 2008PD.
Last week he got his GC. He never requested to port PD. USCIS ported his PD and approved his case.


My I-140 EB3 PD 2002 approved in 2006
I applied new labor in EB2 category and while applying I-140 my attorney requested to port EB3 PD. USCIS approved EB2 I-140 without porting PD.

Recently My attorney sent another request to port PD , I saw LUD's on I-140 and 485 but no luck so far.

Couple of my friends successfully ported PD and got GC.

[iwantmygcnow]

This is exactly what happened to my case. My attorney sent the porting request three time with no success. He says USCIS is returning the request without giving any reason.

[greenguru]

Hi saratswain,
Please can you send me the format of the letter. I am in the same boat as ur are in.

Thanks, g

[svreddy]

also in same situation. Recently did a interfile from EB3 to EB2 ( diff employer ). No update yet. There is a soft LUD on my I 485 but no update in status. Did any one ported recently ?

Thanks

[sat2010]

Congratulations All , good to know that eb3 to eb2 case is going through.

what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .

Thanks in Advance .

[Roger Binny]

This has been answered many times, it doesn't hamper existing EB3 case, only after EB2 140 approval USCIS links the old PD to existing 485.