I have my I-140 approved under EB-3 category, even though I have Masters Degree from accredited US University. Can I change it to EB-2 now?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I have two approved I-140`s in EB-2 from two different companies with same A# on them. One with 2009 PD and other with 2011 PD. I am working for the company with 2011 PD . 2009 case was approved after the 2011 case so we could not port the date at the time of filing for 2011 case I-140. Now my question is do I need to file for amendment to port the 2009 date? Or am I eligible for filing I-485 without the I-140 amendment? Both I-140's are alive and employer did not withdraw any of them.
PD (priority date) date transfer is supposed to be automatic. We don’t have to do anything about it and it is my understanding what USCIS does is they do periodic sweeps in fact several times a month. They do a sweep like queries of their database and whoever is entitled to whichever priority date at the earliest they automatically assign that to you. So if you have one I- 140 approved earlier another I-140 going on or approved they will automatically assign you the earliest priority date to which you are entitled. That may or may not reflect in your approval though. So just because it does not reflect in your approval it doesn’t mean that you are not going to get the earlier priority date. You can confirm it by opening a service request. You can confirm by asking them your priority date.
Hence the answer is you are eligible for filing I-485 automatically when the 2009 date becomes current. All you have to do is attach a copy of the earlier approval notice with it along with the current approval and you should be fine.
My wife and I got the I-485 approval email notice in June 2007. We filed the I-485 in April 2007. The LC was done by another law firm and I switched to Rajiv and filled the I-140 and I-485. The I-140 was approved in one week under Premium Processing and I-485 was approved in less than 3 months. I told our company HR to switch to Rajiv S. Khanna and we are processing our employee’s H1B and GC through Rajiv. During the GC process, our company was sold and Rajiv and Mathew helped to resolve this issue, rather than starting the GC process from scratch. Mostly I dealt with Prerna Mehta and Mathew Chacko. Both provide me excellent help and support during the process. I dealt with Rita Dhakal for a short period of time and she helped me in great deal. Mathew called me on my cell phone to answer my questions, and he was polite, fast and correct. Also, I praise Prerna for checking my documents and forms thoroughly (I did not get any RFE) and providing correction/feed back immediately. I found the Rajiv’s immigration forum would be one of the best places for gaining more knowledge, and I would recommend every one to read and learn more.