Porting from EB3 to EB2

[waitingmygc]

Hi,
My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.

As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don’t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
Is it possible to have EB2 category and old priority date without refiling new I-140 ?

Thanks.

[deafTunes123]

After getting your Labor approved, You need to apply your 140 with in 180 days. Else, approved labor looses its validity.

In short in order to port with single 140, you need to get the EB2 approved with in 180 days span and you should apply I-140 (porting EB2 and EB3 labor) before the 180 day clock.


Good Luck

[desi3933]

http://immigrationvoice.org/forum/showthread.php?t=5450 (Port Priority Date)

[sdrblr]

Originally Posted by waitingmygc

Hi,
My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.

As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don’t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
Is it possible to have EB2 category and old priority date without refiling new I-140 ?

Thanks.

I assume you are talking about the same position. Can you even do this? Since you have to show that you satisfied all the criteria even before you were hired. Experience in the sponsoring company will not count unless you quit and rejoin after a break
And now if you say it is a different position (job) with in the same company, you cannot port PDs as the job qualification is different. I doubt you can take PD from job type A and port it to LC/ 140 for job type B (Correct me on this).

[rajivkane]

HI!

I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?

Please guide.

Regards,

Raj

[dallasdude]

I agree. Get it done ASAP.