Two approved I-140s - Help Please!!!!!

[Packerfan]

Hi..I have an approved I140 with my previous company (PD: July 2007 - EB2).

Now I have another approved I140with my current employer (Jan, 2009 - EB3).

I haven't port the previous date while applying for the new I140.

Can I use my previous EB2 PD, while applying I485 with my current employe?

Friends..Please help me with your suugestions!!!

[Belle]

Yes, you can. If you are using a lawyer for I-485, they should be able to help.

[EB3tangled]

Originally posted by Belle:

Yes, you can. If you are using a lawyer for I-485, they should be able to help.

Belle, then will his/ her case will be considered under EB3 or EB2 category? As per new filing (I-140) looks like the current or most recent category is EB3.

[freakjobs]

why would you EB2 PD to EB3 ?.

[Packerfan]

My old approved I140 PD is (2007, July - EB2).

Later I joined another company which did my I140 under EB3(Jan 2009).

Unfortunately I haven't port the previous PD while applying the latest I140.

My question is can I use my old PD which is EB2 now with this new employer?

[Belle]

"Belle, then will his/ her case will be considered under EB3 or EB2 category? "

It would depend on based which petition he uses for eligibility. And which petition will depend on the job he is taking - and has the job offer for.

[Jignesh1972]

If your old job which is filed under EB2 and you are intend to take that job And still that job is open for you then file Your 485 under EB2 that way you will get early GC. I do not understand why you want to wait in line for long time under EB3.

[Belle]

"If your old job which is filed under EB2 and you are intend to take that job And still that job is open for you then file Your 485 under EB2 that way you will get early GC."

Why would assume that the job is still open?

"I do not understand why you want to wait in line for long time under EB3."

Maybe because green card is not all there is to life. Maybe he likes his job even though (oh, horror!) it only qualifies for EB3.

[freakjobs]

If you have no relationship with your old EB2 petitioner, you should try to at least emphasis your current (new) employer to apply for EB2. Though law/memo's allows you to recapture PD's irrespective of the category and just caters to the beneficiary, i reckon porting from EB2 to EB3 wont aid you much. But thats me, you know your case better, and as Belle responded you should have no trouble recapturing PD's from EB2 to EB3.