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  #1 (permalink)  
Old 01-07-2009, 06:51 PM
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Default Porting from EB3 to EB2

I currently have a 485 pending under EB3. Company filed another PERM under EB2 which has now been approved and I now would like to port over to EB2 category. What is the process of doing that?

1. Do I just file another I-140 and 485 (PD is current) concurrently or is there a way to simply convert my EB3 to EB2 in order to take advantage of current PD?

2. Can 2 separate AOS be filed under 2 different category?

Your help will be very much appreciated.
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  #2 (permalink)  
Old 01-07-2009, 06:57 PM
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Default

SunnySurya, Please advise.

Quote:
Originally Posted by GCard_Dream View Post
I currently have a 485 pending under EB3. Company filed another PERM under EB2 which has now been approved and I now would like to port over to EB2 category. What is the process of doing that?

1. Do I just file another I-140 and 485 (PD is current) concurrently or is there a way to simply convert my EB3 to EB2 in order to take advantage of current PD?

2. Can 2 separate AOS be filed under 2 different category?

Your help will be very much appreciated.
__________________
Came to US in 2001
First Labor - 2002 (BEC, job loss)
Second Labor- July 2005 EB3-I
I-140 - Approved
I-485 - July 2007 and pending
Filed 2nd labor in 2009
Filed 2nd I-140 in 2009
Ported the PD
GC in 08-2010 almost 10 years after coming to the US.
*****************************
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  #3 (permalink)  
Old 01-07-2009, 07:01 PM
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Default

To my knowledge, you can have only 1 I-485 Application with USCIS.

My Lawyer did the following steps in my Case.

1. Apply I-140 in EB2 Category and requesting to port the PD from EB3 (attached the previously approved I-140) and a cover-letter to port the PD.

2. Once the EB2 I-140 is approved, then he requested USCIS to use the approved EB2 I-140 (already PD is ported) for adjusting the pending I-485 application.

I also confirmed with USCIS field office the newly approved I-140 is attached to pending I-485 application for me and my wife.

Hope this helps in your Case.

Good Luck.
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Thun
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  #4 (permalink)  
Old 01-07-2009, 08:41 PM
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Default

What you are saying below appears to be the best way to handle this. I wonder, however, that what happens if the AOS is denied based on new EB2 category. Does the AOS based on EB3 still continue?

Quote:
Originally Posted by deafTunes123 View Post
To my knowledge, you can have only 1 I-485 Application with USCIS.

My Lawyer did the following steps in my Case.

1. Apply I-140 in EB2 Category and requesting to port the PD from EB3 (attached the previously approved I-140) and a cover-letter to port the PD.

2. Once the EB2 I-140 is approved, then he requested USCIS to use the approved EB2 I-140 (already PD is ported) for adjusting the pending I-485 application.

I also confirmed with USCIS field office the newly approved I-140 is attached to pending I-485 application for me and my wife.

Hope this helps in your Case.

Good Luck.
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  #5 (permalink)  
Old 01-07-2009, 09:27 PM
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ROTFLMAO!!!!

Quote:
Originally Posted by kumar1 View Post
SunnySurya, Please advise.
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  #6 (permalink)  
Old 01-07-2009, 09:47 PM
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Default



Quote:
Originally Posted by kumar1 View Post
SunnySurya, Please advise.
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  #7 (permalink)  
Old 01-07-2009, 10:17 PM
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Quote:
Originally Posted by kumar1 View Post
SunnySurya, Please advise.
Man i cannot stop laughing gave u a green for this
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  #8 (permalink)  
Old 01-07-2009, 10:18 PM
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Default

Quote:
Originally Posted by GCard_Dream View Post
What you are saying below appears to be the best way to handle this. I wonder, however, that what happens if the AOS is denied based on new EB2 category. Does the AOS based on EB3 still continue?
I-485 can be linked to one or more immigrant petitions (i.e. I-140 and I-130). As long as at least one approved/pending immigrant petition is active, I-485 remain active.

>> Does the AOS based on EB3 still continue?
Yes.


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  #9 (permalink)  
Old 01-07-2009, 10:19 PM
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Default

How did you confirm with USCIS that newly approved I140 is used for your application?
I would like to file similar request with USCIS.
Thank You

Quote:
Originally Posted by deafTunes123 View Post
To my knowledge, you can have only 1 I-485 Application with USCIS.

My Lawyer did the following steps in my Case.

1. Apply I-140 in EB2 Category and requesting to port the PD from EB3 (attached the previously approved I-140) and a cover-letter to port the PD.

2. Once the EB2 I-140 is approved, then he requested USCIS to use the approved EB2 I-140 (already PD is ported) for adjusting the pending I-485 application.

I also confirmed with USCIS field office the newly approved I-140 is attached to pending I-485 application for me and my wife.

Hope this helps in your Case.

Good Luck.
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  #10 (permalink)  
Old 01-07-2009, 10:23 PM
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Default

Quote:
Originally Posted by GCard_Dream View Post
I currently have a 485 pending under EB3. Company filed another PERM under EB2 which has now been approved and I now would like to port over to EB2 category. What is the process of doing that?

1. Do I just file another I-140 and 485 (PD is current) concurrently or is there a way to simply convert my EB3 to EB2 in order to take advantage of current PD?
You employer needs to file another I-140 based on new perm. Also, include a copy of existing approved I-140 to claim earlier PD.

Quote:
Originally Posted by GCard_Dream View Post
2. Can 2 separate AOS be filed under 2 different category?

Your help will be very much appreciated.
No need to file another I-485. After I-140 is approved with earlier PD, send a letter to use existing I-485.


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  #11 (permalink)  
Old 01-07-2009, 11:15 PM
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Default

SunnySurya is the patent holder to advice ?
Quote:
Originally Posted by kumar1 View Post
SunnySurya, Please advise.
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  #12 (permalink)  
Old 01-07-2009, 11:25 PM
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Default

I guess you are missing a little history, which transpired in the IV community in the last 2 months...
The EB2-EB3 porting legality issue and SunnySurya's role in the same

Quote:
Originally Posted by k_usa View Post
SunnySurya is the patent holder to advice ?
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  #13 (permalink)  
Old 01-07-2009, 11:34 PM
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Quote:
Originally Posted by kumar1 View Post
SunnySurya, Please advise.
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  #14 (permalink)  
Old 01-08-2009, 12:31 AM
Member
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deafTunes123 will become famous soon enough deafTunes123 will become famous soon enough
Default

Quote:
Originally Posted by pasupuleti View Post
How did you confirm with USCIS that newly approved I140 is used for your application?
I would like to file similar request with USCIS.
Thank You
I went to the local USCIS Office and inquired about it. The officer checked the status of my I-485 application and confirmed me that its in EB2 Category and said that its assigned to an officer sometime in Aug/Sep 2008. Hopefully they are now waiting for the PD to become current and get a Visa number in the new year.
__________________
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Thun
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  #15 (permalink)  
Old 01-08-2009, 12:43 AM
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Default green.

Quote:
Originally Posted by kumar1 View Post
SunnySurya, Please advise.
defenitely u deserve a green for this. you made my day.
__________________
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I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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