Porting i-140 priority date from EB2 to a EB1 application?


Recommended Posts

Hello all.. Its my first post. So, kindly bear with me if I'm not following a format.

I filed i-140 under EB2-NIW category in June 2016 and it was approved in June 2017. I did not do a concurrent i-485 with my i-140 application. Since the priority date for EB2 applications were not current for India, I could not file i-1485 after getting the i-140 approval. The priority date for this application is June 2016.

Then, in June 2018, my company filed EB1-B application for me (premium processing) and it also got approved. The priority date on my approval letter states the date the EB1-B application was filed (June 2018). Currently, the October and November 2018 visa bulletin lists the priority date for EB1 applications as October 2017. 

My question is can I use the priority date of my NIW application (June 2016) as the priority date and file for Adjustment of status under the EB1 category (since I have approval of EB1 i-140 application as well)?

Also, how can I verify what date USCIS is currently considering as my priority date?? The NIW filing date or the EB1B filing date? Is there a way to find that out before filing adjustment of status application.

I hope I explained the scenario clearly. Any help or guidance would be appreciated

Link to comment
  • 8 months later...

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...