View Full Version : Can I port the priority date after I-140 Approval

07-22-2007, 04:23 AM
I got my I-140 (EB3) approved with the priority date of November-2004.

I applied another Labor (EB2) in Feb 2007. When applygin for I-140 for this labor, my lawyer forgot to use the approved I-140 for getting the old priority date (Nov 2004 priority). So, I got the I-140 approval for EB2 case with Feb 2007 Priority date.

Now, can the lawyer change the priority date on the I-140 (EB2) to Nov 2004 using the previous I-140.

07-22-2007, 06:21 AM
Yes. This can be done when applying for I-485. I don't know why, but couple of lawyers I spoke with, recommended this route.

07-22-2007, 10:05 AM
Yes.I too agree with u.

07-22-2007, 10:53 AM
I already applied 485 with one I40 Priority date.

If I get my another labor approved with a old Priority date, can I amend my existing 485 with this new PD or should I be applying new 485 ?

07-22-2007, 03:51 PM
Thank You little_willy and lifesucksinUS.

I also have the same question as jambapamba.

07-23-2007, 02:45 AM
I have applied my I-485 (EB3, PD - 2004 Feb) last week. Planning to file EB2 PERM with the same employer next week for porting the EB3 dates. My doubts are

1) Can we file an interim application at I-485 stage for porting the EB3 priority date for EB2, rather than filing a second I-485?

2) After the EB2 I-140 approval, do we need to wait for my priority dates to become current for submitting the interim application for EB2 I-485?

3) I am doing this for getting the GC comparitively earlier. But is there any issues/threats for doing like this?

Gurus, please comment the pros and cons of this.