485 Filing Question


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Priority date is 15 September 2009.  Originally applied in EB3 and I-140 was approved.    Applied EB2 with same employer and ported my date (I-140 approved).  With the latest October 2018 bulletin, "Dates for filing applications" for EB3 dates moved ahead of EB2 to "01 October 2009". 

Can I use my EB3 to file application?

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I was looking at incorrect dates. So I had to correct my response. Regardless, once you shift your category you cannot go back & get to choose. Also, it is incredible to know that

1. "Date of filing chart" is usable for October 2018. This occurred only twice in last three years.

2. EB-3 is ahead of EB-2, which is almost never head of in history.

3. kiranraop could have qualified to file if stayed in EB-3, and, now NOT QUALIFIED because he/she is EB-2

Hence my response above.

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