Concurrent processing while EB3-EB2 porting


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I have an approved EB3 140 with priority date 11/2007. I moved to a different company, got EB2 labor approval, in a month or two planning apply EB2 140 utilizing (porting) the previous priority date.

If EB2 processing dates cross 11/2007 before I apply (port) EB2 140, can I apply both EB2 140 porting and 485 together utilizing my previous EB3 priority date? What should I do if EB2 140 is under process and EB2 processing dates cross 11/2007?

Any information is really appreciated.


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I highly recommend that you contact a knowledgeable immigration attorney in regard to your case. Employment-based greencard applications should only be applied for if the employee and employer intend to (and will) enter into employment as stated in the PERM and I-140 petitions.

The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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My case is similar. I have an approved I-140 with priority date of March 4, 2008 with company A. I moved to company B six months ago. Company B has completed the recruitment process and plans to go for Labor certification on completion of the quiet period. On successful, Labor certification, company B intends to file for I-140 with a request to port the priority date from last approved I-140 with company A.

I agree on consulting a qualified attorney to discuss the case and would always base my decisions on the same, but it would be good if any of the members would like to share there experience if they have been in a similar situation.

a. If the priority date crosses March 4, 2008 before company B files for I-140 petition, is it allowed to concurrently file I-140 and I-485 with completion of proper procedures?

b. If the priority date crosses March 4, 2008 after company B files for I-140 petition, but is yet to be approved. Is is allowed to file for I-485 while company B's I-140 petition with request for porting of priority date is still pending?

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