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  #1 (permalink)  
Old 04-16-2009, 06:42 PM
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CHUNYAN is infamous around these parts CHUNYAN is infamous around these parts
Default Priority carry over

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?
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  #2 (permalink)  
Old 04-16-2009, 06:50 PM
Senior Member
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Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice
Default

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).
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  #3 (permalink)  
Old 04-17-2009, 03:51 PM
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
08/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/26/2007
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Join Date: Jul 2007
Posts: 26
uma78 is a jewel in the rough uma78 is a jewel in the rough uma78 is a jewel in the rough uma78 is a jewel in the rough
Default Similar question for priority carry over

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
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  #4 (permalink)  
Old 04-17-2009, 04:29 PM
Senior Member
Priority Date
:
Sep-02
Category
:
EB2
I140 Mailed Date
:
05/28/2003
Chargeability
:
India
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:
N/A
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:
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number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future
Default

Quote:
Originally Posted by uma78 View Post
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'
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  #5 (permalink)  
Old 04-17-2009, 06:02 PM
Senior Member
Priority Date
:
Aug-04
Category
:
EB2
I140 Mailed Date
:
05/12/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Join Date: Jan 2008
Posts: 151
nashim will become famous soon enough
Default interfiling

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
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  #6 (permalink)  
Old 04-18-2009, 01:00 PM
Senior Member
Priority Date
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N/A
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:
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:
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:
N/A
I485 Mailed Date
:
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Join Date: Jul 2007
Posts: 278
Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice
Default

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.
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  #7 (permalink)  
Old 04-18-2009, 02:00 PM
Senior Member
Priority Date
:
Aug-04
Category
:
EB2
I140 Mailed Date
:
05/12/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jan 2008
Posts: 151
nashim will become famous soon enough
Default interfiling

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
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  #8 (permalink)  
Old 04-18-2009, 11:13 PM
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
08/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: Jul 2007
Posts: 26
uma78 is a jewel in the rough uma78 is a jewel in the rough uma78 is a jewel in the rough uma78 is a jewel in the rough
Default

Quote:
Originally Posted by number30 View Post
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.
__________________
Faxed 9 letters requesting to support "Bi-partisan bill introduced to recapture unused EB numbers".
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  #9 (permalink)  
Old 04-18-2009, 11:55 PM
Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
10/11/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/15/2007
Compare
Join Date: Jul 2007
Posts: 33
rajivkane is on a distinguished road
Default retain the earlier priority date of the EB-3 petition & apply that to EB-2

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
__________________
USA2008
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