Priority Date Recapture after 2nd I-140 Approved

[vam_forum]

My EB3 PD is March 11,2007 and EB2 PD is June22,2009.During the EB2 I-140 Application, my attorney forgot to submit for PD Porting request, so i got the EB2 Approval with EB2 Perm LCA PD Date. I spoke to My Attorney and sent an letter to TSC to port the priorty Date after receiving the Approval. He said that TSC is not going to issue new approval based on the request letter. I have both petitions from same employer.

Attorney indicated that i can apply for AOS when dates become current with porting letter request and along with old and new I-140s. I don't know if USICS accepts porting request during AOS Application.

What options do i have for priority date porting . Can i file I-485 When dates get current in next bulletin along with porting request letter?

[Belle]

"I don't know if USICS accepts porting request during AOS Application. "

Since by law you retain your older priority date and there is no formal process to request an earlier PD, I don't see why they would not accept it if you present proof that you have one.

[vam_forum]

Thanks. That is what i am hoping for. In some places, i read that we have to initiate I-824 for Priority Date Recapture, but my Attorney said it is not required.

As soon as the Dates get current, i will go ahead with the process as my Attorney indicated, just file I-485 along with Porting Request Letter.

[Belle]

I think that should work. Good luck!