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h1transferboy

Priority date portability at the time of non concurrent I-485 employment based filing

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Hi, 

I have a prior approved I-140 in EB3 category with 2009 Priority date from employer A. I moved to a similar job with Employer B and they filed a new PERM and I-140 approval in EB2 category with 2019 priority date. 

Employer B recently received I-140 approval with priority date of 2019. I was expecting my current employer B to have requested porting (recapture) of 2009 date. Not sure where the lapse was, but my latest employer B’s I-140 has a 2019 instead of 2009 PD. I have reached out to my employer attorney for clarification.

What are my options now to proceed with I-485 filing? 

1. Have my employer B work with USCIS and fix the priority date on my Latest I-140? This may take few months and I am not in a state to wait for it, as it would impact my spouses employment. 
2. Go ahead and apply I-485, with a cover letter clearly stating to port my EB3 2009 priority date to current EB2 2019 filing for employer B? 
3. Any other options that I may be missing? 

Please advise, Thank you

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I suspect the way it works is that the Previous PD will apply for an AOS application filed by you now and the lawyer simply attaches both approvals in a cover letter. AOS being your baby, ask the company lawyer if he will file for you on a cash basis and have him do so.

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8 hours ago, pontevecchio said:

I suspect the way it works is that the Previous PD will apply for an AOS application filed by you now and the lawyer simply attaches both approvals in a cover letter. AOS being your baby, ask the company lawyer if he will file for you on a cash basis and have him do so.

Appreciate your inputs, You’re the best! Thank you!

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