Guestbook Entry for Ashok , United States
Name
Ashok
Country
United States
State
Michigan
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Changing from EB-3 to EB-2 Category
Question details
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.
Procedure for Porting a Priority Date from One I-140 to Another
Question details
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.
FAQ Transcript
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.
I first time contacted Rajiv in January 2007 by sending my CV and asked his opinion about EB1 success.
He called me next day and said that you have 50-50 chance to get EB1 approval. Immediately, we started working and in April 2007 we filed the I-140.
Since it was premier processing we got the RFE in 10 days, i was disappointed and Rajiv convinced me not to worry we will take care of it.
Both Rajiv and his team composed of Diane worked with me to collect more evidence and response the RFE in August 07, and Approval came in Sept 07.
Then they filed I-485 in Oct 2008, and Approval came today.
In summary, i would recommend all my friend and relative to hire Rajiv 's services for immigration purpose. I had an excellent working experience with his team and most importantly very nominal charges.
Thanks Rajiv and Diane for bringing freedom in my life.
GOOD JOB