Guestbook Entry for Blessil George & Shema George, United States
Name
Blessil George & Shema George
Country
United States
State
Ohio
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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.
US Immigration Questions, Feb 19, 2015 Free Community Call with Rajiv (Every Other Thursday)
Agency
Immigration Law
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.
My wife and I received our I-485 approval within 24 months for the whole process with Rajiv S. Khanna as our attorney and the simply wonderful team of case workers. Rajiv is an expert on Immigration Laws and is straight up and abreast of rules & regulations and is strict about the law and stays strictly as defensive. The most impressive part is the team that comprised of Heather Riddick and Art Shifflet was just so efficient and so professional, that the entire process seemed so easy. We had our ups and downs with USCIS RFEs and delays but throughout all that, the team worked with great empathy and took the time to understand and hear out our concerns and worries and gave us just the right advice and support. All I can say is that they both feel just like family and are truly the best team i have worked with for any such legal matters or otherwise.
Great going guys...keep up the great work and wish you all the very best!!