SanviBurner replied to SanviBurner's topic in AOS & CP : GeneralThanks potevecchio. I thought PD retention only applied to subsequent I140s. I guess I should have mentioned this; per the visa bulletin, my PD is not current yet in EB2 category. It is current though for EB3. Would this information change your answer to my question? Or, is this how EB3 to EB2 upgrade cases are handled as a matter of routine?
SanviBurner posted a topic in AOS & CP : GeneralI have both EB3 and EB2 I140s approved from same employer. EB2 designation, job responsibilities and requirements are obviously higher than the EB3. I now hold the EB2 I140 designation. Per the latest visa bulletin, my priority date is current for EB3 category. Employer is filing I485 with the EB2 SRC number as the supporting basis and requesting USCIS to honor the I485 application based on the fact that my EB3 petition's priority date is current. The lawyers are filing a letter along with the I485 explaining this situation and including both EB2 and EB3 I797s. Logically I don't understand how this can work? If someone can please explain this to me, I would be grateful. Thanks.