SanviBurner Posted January 11, 2019 Report Share Posted January 11, 2019 I 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. Link to comment
pontevecchio Posted January 11, 2019 Report Share Posted January 11, 2019 You are allowed retention of a earlier PD and 'that is what they are doing. Link to comment
SanviBurner Posted January 14, 2019 Author Report Share Posted January 14, 2019 On 1/11/2019 at 4:58 PM, pontevecchio said: You are allowed retention of a earlier PD and 'that is what they are doing. Thanks 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? Link to comment
pontevecchio Posted January 14, 2019 Report Share Posted January 14, 2019 EB2/EB3 have different requirements. The same job cannot be both. You have 2 I-140's approved. Link to comment
Desi Dude Posted March 8, 2019 Report Share Posted March 8, 2019 You should be able to use the earlier PD. Link to comment
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