Priority date proting guidelines from Eb3 to Eb2

[gveerab]

Hi,
I have special scenario, please read patiently.

I applied EB3 LC in 2004 Sept, even though I was qualified for EB2 at that time my lawyer filed in EB3 category. As I was not sure when I will get my LC, applied in 2005 May in EB2 under PERM. Got EB2 LC approval ,I-140 approval and applied for I-485 on July 2nd'07.

Around Sept'2007 I got EB3 LC approval and applied for I-140 using EB3 LC to take the advantage of priority date porting as per lawyer's suggestion. Got I-140 approval for EB3 and my lawyer sent a letter to request to port EB3 PD to EB2 application. If USCIS considers that request, my PD is current. But looks like they didn't or they might have not got or lost the letter.

When I took Infopass appointment IO told me that my request to port PD was considered and my PD is current. Afetr waiting couple of months I called USCIS. IO in USCIS told me that I need to wait till May'05 and considering the PD porting request is up to officer's discretion. Other IO in USCIS told me that he is not aware of this PD porting law.

As I am not getting the correct information about my case, I thought of contacting my local Senetor for the help. I asked another lawyer to review my case and give me the suggestion. As per the second lawyer, applying EB3 I-140 after getting EB2 I-140(after switching to EB2) approval was sort of mistake. If we go through Senetor, USCIS might bring this issue. So, not advisable to go to Senetor.

What do yous think about this? Does any one have a copy of document for priority date porting guidelines? As per my original lawyer requesting earlier priority is our right not up to IO's discretion , also he referred 8 CFR 204(e) fro this. But I was not able to get the copy of 8 CFR 204(e).

I really appreciate any suggestions for this. It's really painful to wait for a long with out even getting the status of the case.

Thanks,
gveerab

[gveerab]

bump

[cinqsit]

You are eligible to use your earlier PD. You can search this forum where some people
have had success while others are still waiting its just random - Just try contacting USCIS - and also your congressman (i still dont know what difference that makes but have read stories of people having done that)

I am not sure why your lawyer said that applying EB3 140 was a mistake - did he give you any reason ?? Ask him to point to any law or case he knows of he cant make any statements without any basis!

I would trust what the IO told you during your infopass when he said your request to
use earlier PD has been accepted.