Priority carry over

[CHUNYAN]

My I-140 for EB3 has been approved as well the labor certification of EB2. Can I use my ED3's priority date to apply for I-140 with 485 for EB2?

[Ann Ruben]

Yes, without question you can use your EB-3 priority date for your EB-2 I-140. If the date is current in the EB-2 category, you can file your I-485 concurrently.

See: 8 CFR Sec. 204.5(e).

[uma78]

Hello,

I have similar question, I have eb3 and 485 applied with pd of mar 2005. If i want to convert my eb3 to eb2 and have the priority,

should i be applying eb2 and at i140 stage apply with the previous date? if i do that will it cancel my current eb3 application loosing the ead and ap? what is the bast method of doing this making sure ead is not effected. Thank you in advance.

Uma

[number30]

Originally Posted by uma78

Hello,

I have similar question, I have eb3 and 485 applied with pd of mar 2005. If i want to convert my eb3 to eb2 and have the priority,

should i be applying eb2 and at i140 stage apply with the previous date? if i do that will it cancel my current eb3 application loosing the ead and ap? what is the bast method of doing this making sure ead is not effected. Thank you in advance.

Uma

After the I-140 for EB2 is approved You will send the request the change the underlaying I-140. In the same letter you can mention the old PD with relevent documents. do a search by key word 'Interfiling'

[nashim]

Hi Aruben,

Here is my case:
Employer A:
I am working with employer A,
Approved I140, EB3, PD Dec 2004, I485 filed on Jul 02, 2007, Got EAD and AP

Employer B:
Future employer,
Approved I140, EB2, PD Aug 2004

Note: A# is same on both approved I140 and pending I485.

My question is, do I need to request USCIS for interchange of I140 from EB3 to EB2 or it will be automatically done since A# is same on both approved I140.

If I need to request in that case, Whether EB2 PD should to be current at the time of request or I can send interfiling letter any time?


I really appreciate your response. Thanks

[Ann Ruben]

It is a good sign that the A number is the same on all three cases, but still you shouldn't count on USCIS to do anything automatically. I would suggest sending the interfiling letter now and then, in 60 days checking with the national customer service center to see if your I-485 file is in the EB-2 queue. If it is not, send another letter and keep following up.

[nashim]

Dear Aruben,
Thank you so much for prompt response. Can I go back to my old case (approved EB3 I140 and I485 pending) if my future employer revokes approved EB2 I140 after interfiling?
Or will there be any negative impact on my pending I485 case due to interfiling? thanks

[uma78]

Originally Posted by number30

After the I-140 for EB2 is approved You will send the request the change the underlaying I-140. In the same letter you can mention the old PD with relevent documents. do a search by key word 'Interfiling'

Thank you for your reply.

[rajivkane]

Hi!

I & my lawyer wrote couple of letters to USCIS to retain the earlier priority date of the EB-3 petition & apply that priority date to the EB-2 category. USCIS agrees to this but in reply are asking me to file I-824 for this (according to USCIS I-824 gives a mechanism to request & retain earlier peiority date). I have applied for AOS last year & my family is with me in US.I have EAD since more than one year. Any one has experience in filling in this case? I would like to know which "reason for request" to choose for this(I think it is "D" "uscis to send my approved immigrant visa petition to NVC"). Also how to mention on the I-824 that I am submitting this for "requesting & retaining earlier priority date"? My both I-140 for EB-3/EB-2 are approved.

Early reply to this is requested.

Thanks,

Raj