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Premium processing of 140 Specific to premium processing only.

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  #1 (permalink)  
Old 08-15-2012, 04:08 PM
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Apr-04
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Default Shoul I go 140 premium or reguler??

I'm in the process of porting EB3 2004 April to EB2.
EB2 Labor approved with priority date March 2012. I'm planning of applying i 140. Not sure to with premium or reguler.

Or should I wait until Oct Visa bulletein opens and apply 485 and 140 together, (in case EB2 dates Open)

Thanks!!
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  #2 (permalink)  
Old 08-20-2012, 10:02 AM
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usafever is on a distinguished road
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Quote:
Originally Posted by davidoff View Post
I'm in the process of porting EB3 2004 April to EB2.
EB2 Labor approved with priority date March 2012. I'm planning of applying i 140. Not sure to with premium or reguler.

Or should I wait until Oct Visa bulletein opens and apply 485 and 140 together, (in case EB2 dates Open)

Thanks!!

I had the same question but received a mix response from lawyers.

Some say that apply I140 first and get it out of the way and when 485 gets current, then you can file for that and will have only 1 thing to worry about.

Other laywer said that if you file both of them together, chances are you will get your GC approved in 2 weeks if you do Premium for I140. but if you do separate, then after I140 is approved, you have to send 485 and wait for another few months.


The decision is upto you , which path you choose.
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Old 08-20-2012, 10:32 AM
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Did you apply for I-485 under EB3 category in 2007 ? If, all you need to do is request USCIS to approve your existing I-485 category based on EB2 category after EB2 I-140 is approved and visa numbers are current under EB2 category. There is NO need to re-apply for I-485 in porting.

I am not an expert but my advise would be to apply for EB2 I-140 in premium process (if spending money is not a problem) so that you can get the approval soon(before Oct). There is a chance that EB2 will become current for your priority date in October.

If EB2 I-140 is already approved, USCIS may move your case automatically to EB2 category as soon as the dates become current and approve. I read in the forums that some people got approvals in the porting process as soon as their EB2 I-140 approved before requesting USCIS to move I-1485 to EB2 category.

Please check with attorney to see what they recommend.
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