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  #1 (permalink)  
Old 10-24-2011, 12:07 PM
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Priority Date
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Default Porting priority date from EB2 to EB3

Greetings,

An ex-employer of mine had filed for my EB2 application, which has finished the I-140 process and is still in queue. My current employer would like to file for my permanent residency as well, but the job requires only a bachelors degree, hence making it an EB3 application. The priority date with the EB2 application is May 2010. If my current employer files for the EB3, can the EB2 priority date be retained?

Any help is appreciated.

Sincerely, Vishal
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  #2 (permalink)  
Old 10-24-2011, 04:42 PM
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Nov-04
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vegasbaby has much to be proud of vegasbaby has much to be proud of vegasbaby has much to be proud of vegasbaby has much to be proud of vegasbaby has much to be proud of vegasbaby has much to be proud of vegasbaby has much to be proud of vegasbaby has much to be proud of vegasbaby has much to be proud of vegasbaby has much to be proud of
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Quote:
Originally Posted by modyvishal View Post
Greetings,

An ex-employer of mine had filed for my EB2 application, which has finished the I-140 process and is still in queue. My current employer would like to file for my permanent residency as well, but the job requires only a bachelors degree, hence making it an EB3 application. The priority date with the EB2 application is May 2010. If my current employer files for the EB3, can the EB2 priority date be retained?

Any help is appreciated.

Sincerely, Vishal

Wow..I had to read the subject twice to make sure its from EB2 to EB3 whereas there are people going in the other direction.
Any sort of porting is certainly do able, I can't seem to understand, why would you want to do this. Looking at current priority dates & provided the current way of processing remains, I am expecting my PD to be current only by 2020 and I am 2004. I cannot imagine, when your date will be current.

May 2010 EB2 assuming India should be current by 2013-2014 at least.
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  #3 (permalink)  
Old 10-24-2011, 05:48 PM
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Default

Quote:
Originally Posted by vegasbaby View Post
Wow..I had to read the subject twice to make sure its from EB2 to EB3 whereas there are people going in the other direction.
Any sort of porting is certainly do able, I can't seem to understand, why would you want to do this. Looking at current priority dates & provided the current way of processing remains, I am expecting my PD to be current only by 2020 and I am 2004. I cannot imagine, when your date will be current.

May 2010 EB2 assuming India should be current by 2013-2014 at least.
Hi vegasbaby,

Thanks for the reply. Yes you are correct that this is an odd choice. But my ex-employer has kept the EB2 application going only to help me maintain the priority date. My current employer hired me with a job description that states the requirement to be "only" a bachelors degree. While I do have a masters degree and almost 10 years of experience, the company's immigration attorney says that we can not file for EB2 with the same job description. So the current employer's application would fall under the EB3 category.

What might be the right thing to do?

Thanks again, Vishal
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  #4 (permalink)  
Old 10-25-2011, 10:28 AM
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mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute mayurcreation has a reputation beyond repute
Default

Quote:
Originally Posted by modyvishal View Post
Greetings,

An ex-employer of mine had filed for my EB2 application, which has finished the I-140 process and is still in queue. My current employer would like to file for my permanent residency as well, but the job requires only a bachelors degree, hence making it an EB3 application. The priority date with the EB2 application is May 2010. If my current employer files for the EB3, can the EB2 priority date be retained?

Any help is appreciated.

Sincerely, Vishal
I found this on murth y....

A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.


I think you can start your GC process with your current employer in EB3 category. Once your EB2 date get current than you can attach your EB3 and EB2 I140 approval for interfiling I485.

I have read on some forum long time back that if you have multiple I-140 approval than you can use earliest date and most advance category. I am not able to locate where I have read that. But for sure you can do that.

If you don't have your EB2 I-140 approval notice and file FOIA (http://immigrationvoice.org/forum/fo...-notice-3.html (FOIA to get copy I-140 Approval Notice?)).

This advice is from my knowledge. I will definitely ask you to contact an attorney to discuss your case. There are many attorney which will give you free advice on your issue.

Good Luck.
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  #5 (permalink)  
Old 10-25-2011, 10:44 AM
Junior Member
Priority Date
:
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2011
Posts: 3
modyvishal is on a distinguished road
Default

Quote:
Originally Posted by mayurcreation View Post
I found this on murth y....

A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.


I think you can start your GC process with your current employer in EB3 category. Once your EB2 date get current than you can attach your EB3 and EB2 I140 approval for interfiling I485.

I have read on some forum long time back that if you have multiple I-140 approval than you can use earliest date and most advance category. I am not able to locate where I have read that. But for sure you can do that.

If you don't have your EB2 I-140 approval notice and file FOIA (http://immigrationvoice.org/forum/fo...-notice-3.html (FOIA to get copy I-140 Approval Notice?)).

This advice is from my knowledge. I will definitely ask you to contact an attorney to discuss your case. There are many attorney which will give you free advice on your issue.

Good Luck.
mayurcreation,

Thank you very much for the information. I appreciate it.

Sincerely, Vishal
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