EB3 to EB2 porting same employer. Can use EB3 application to file 485?


gcsathee

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I filed my EB-3 with priority date of Mar-2010 with Employer A. Received I-140 approval. With same employer upgraded to EB-2 and retained Mar-2010 priority date. Received approval on i-140.

Can I use EB-3 I-140 to file I-485 or have to wait for EB-2 priority date to become current? EB-3 dates are moving faster then EB2.

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  • 2 months later...

I too have two separate approved I-140 petitions under EB3 and EB2 categories respectively with the same employer, both with the same priority date.

first got the I140 for EB3 and later filed the New Perm labor and got the I140 for EB2 with the same PD. Can I go with either EB2 or EB3 for the I485 adjustment based whichever the category (EB3 or EB2) dates first available? Do i need to justify the Downgrade ?

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