I-140 - Can I upgrade to premium if PD become current


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Hi Experts, Please advise

My I-140 EB2-India was applied March 15th in TSC. Lawyer has requested to port PD(August 2007) from earlier EB-3 approved I-140(from prevcious employer). The I-140 is still in initial review.

In the event of PD opens up for EB2 in August or Sep bulletin, can I upgrade I-140 to premium processing. Do you see any risks?

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One who wishes to obtain a prompt approval of an I-140 is generally advised to upgrade to premium processing sooner rather than later. Premium Processing Service does not promise an approval in 15 days, it promises an action in 15 days, which can be an RFE or a denial. One who wishes to have an approval by a particular time in the future may be well served to use PPS when available. However, specific legal advice to direct one's decisions should be obtained by private consultation with an experienced immigration lawyer.

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