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funny
09-17-2007, 07:23 PM
I have 2 approved labors one for EBP2 and other one for EBP3.

My EBP3 date is oct 2003
EBP2 date is July 2006
My EBP3 I140 is approved
EBP2 I140 - receved RFE The lawyer has not responded yet. will respond soon.

I filed 485 based on the EBP3 case.

Now thet Oct Visa bulletin is Out.

Dates look like this
EBP3 - 2001
EBP2 2004.

My Question:
Can i Port my EP3 Priority date and use it against EBP2 case and become current under the EBP2 catagory. Both of my Labors certs are thru same company same employee but different Positions.

Has anyone tried that before? has any one seen someone using this option.

Any suggestions will be appreciated.

wahwah
09-19-2007, 11:31 AM
i recently filed my I-140/485 under EB2 based on my priority date of EB3. ...even though my EB2 dates are not current.

i am hoping uscis will accept my applications.

I have 2 approved labors one for EBP2 and other one for EBP3.

My EBP3 date is oct 2003
EBP2 date is July 2006
My EBP3 I140 is approved
EBP2 I140 - receved RFE The lawyer has not responded yet. will respond soon.

I filed 485 based on the EBP3 case.

Now thet Oct Visa bulletin is Out.

Dates look like this
EBP3 - 2001
EBP2 2004.

My Question:
Can i Port my EP3 Priority date and use it against EBP2 case and become current under the EBP2 catagory. Both of my Labors certs are thru same company same employee but different Positions.

Has anyone tried that before? has any one seen someone using this option.

Any suggestions will be appreciated.

akgind
09-19-2007, 01:07 PM
It is certainly possible. The process is called "interfiling". I am in exactly the same situation, except that my 485 is based on the EB2 case. See details in signature. My lawyer is about to interfile for porting the earlier EB3 date with the EB2 case. You should work with a good lawyer who has done it before. Send me a PM for further details.

I have 2 approved labors one for EBP2 and other one for EBP3.

My EBP3 date is oct 2003
EBP2 date is July 2006
My EBP3 I140 is approved
EBP2 I140 - receved RFE The lawyer has not responded yet. will respond soon.

I filed 485 based on the EBP3 case.

Now thet Oct Visa bulletin is Out.

Dates look like this
EBP3 - 2001
EBP2 2004.

My Question:
Can i Port my EP3 Priority date and use it against EBP2 case and become current under the EBP2 catagory. Both of my Labors certs are thru same company same employee but different Positions.

Has anyone tried that before? has any one seen someone using this option.

Any suggestions will be appreciated.

pscdk
09-19-2007, 01:34 PM
It is certainly possible. The process is called "interfiling". I am in exactly the same situation, except that my 485 is based on the EB2 case. See details in signature. My lawyer is about to interfile for porting the earlier EB3 date with the EB2 case. You should work with a good lawyer who has done it before. Send me a PM for further details.

And before interfiling for porting earlier priority date, both EB2, EB3 I-140's should be approved right??

pd_recapturing
09-19-2007, 03:17 PM
Has anybody actually successfully done it ?

rpeter
09-19-2007, 03:24 PM
Am in similar situation. Based on what Rajeev Khanna has said you could do that.

akgind
09-19-2007, 05:57 PM
That's correct as far as 485 is concerned. Both I-140 should be approved before 485 is adjuducated. But I believe that you can port earlier PD from an approved I-140 to a second pending I-140 if the later is the basis of the I-485.
And before interfiling for porting earlier priority date, both EB2, EB3 I-140's should be approved right??