Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Sign in to follow this  
SanviBurner

Filing I485 AOS using EB3 priority date but EB2 as supporting basis. Same employer.

Recommended Posts

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.

Share this post


Link to post
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? 

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
×