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EB3 ported to EB2 with same employer

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Priority date is 31st July 2009.  Originally applied in EB3 and I-140 was approved.    Applied EB2 with same employer and ported my date (I-140 approved).  With the latest October 2018 bulletin, "Dates for filing applications" for EB3 dates moved ahead of EB2 to "01 October 2009". 

Can I use my EB3 to file application?

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The two answers to your question are No and No.

First, is that once you moved away from EB-3 to EB-2, you cannot use EB-3 again.

Second, although "Date for filing" chart says October 2009, the chart is not to be used. The way it works is that they have started to use this new system of show two charts - first is date of final action, which is same what was before to look up where priority dates are at the point. The second chart is the "Date of filing", so applicant can only file application for I-485 but it will not be processed until first chart shows too. But, this second chart is NOT to be used. Because even when they show the dates in this second chart, they also publish that where or not you can use this second chart. Here is the link that will tell you that.


Scroll to where you see "You must use the Final Action Dates chart in the Department of State Visa Bulletin for September 2018". That's how you know when to use this "Date of filing chart". As of today, it is still showing information for September 2018. SO you will have to wait until they come up with that. Typically they show this in a week or two after each month's bulletin is published.

This second chart system started about 3 years ago and in that charts was "Active" for only about 3 months in 2016 so far.

Please understand that two charts are published by separate government entities that is why there is discrepancy.

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I cannot accept with care_candidate, I'm in same boat too. I applied EB3 in 2009 Dec Priority date, then Ported to EB2 with same employer. still with same employer. Wanna use EB3 option now. I can get EAD and travel documents.

After talking to Attorney, here are options suggested.

1  Options 1 - Employer need to provide orginal position. 
   Apply with Supplement J4 and EB 3 - 485 Approval
2 - Employer EB3 - red0 - 140, current both current same,  with premium processing
3 - wait for EB 2 to become priority date 
Please let me know, what you guys think





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