AOSapplicantFeb2020 Posted February 24, 2020 Report Share Posted February 24, 2020 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 Quote Link to comment
AOSapplicantFeb2020 Posted February 24, 2020 Author Report Share Posted February 24, 2020 @pontevecchio I've always appreciated your inputs on several threads, including mine. Can you please advise in this regard? Thank you! Quote Link to comment
pontevecchio Posted February 25, 2020 Report Share Posted February 25, 2020 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. Quote Link to comment
AOSapplicantFeb2020 Posted February 26, 2020 Author Report Share Posted February 26, 2020 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! Quote Link to comment
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