I-140 Priority Date Recapture issue.

[ImmiCheck]

Hi, 

I have an I-140 with my old employer under EB3 category. My current employer applied my I-140 under EB2 category however the Priority Date was not recaptured though the approval notice contains the same Alien # (or A#). Attorney has mailed the correction request to USCIS however not received any update on it. 

 

Did anyone have similar experience? Please advise what to do to get the old priority date ?

 

Thank you

[m_user]

I am guessing USCIS will take upto 4 weeks to respond. Did your immi. lawyer asked for ammendment when they applied for EB3->EB2 case conversion? If yes then when did they asked?

 

Ideally if your lawyer has asked while submitting your I-140 for Eb2 there itself he should have asked for EB@ PD porting from old I-140. There is something missing from your case. If you lawyer has asked for this portability then USCIS made mistake and they will correct it within 3-4 weeks of time.

 

Pls. update the case status wherever you hear from USCIS OR Lawyer.

 

Take care

 

All the Best