anil_potu Posted November 8, 2011 Report Share Posted November 8, 2011 Hi, I am trying to port from EB3 to EB2 with new employer. I applied for PERM and am expecting its approval soon. My PD is in June 2008. If now EB2 date comes to my PD, can i apply for I485 when my EB2 I140 application is filled and with receipt from USCIS? Or Do i need to wait till my I140 is approved. Experts can you please explain me? Thanks Link to comment
pontevecchio Posted November 9, 2011 Report Share Posted November 9, 2011 You can do a concurrenty filing of AOS with the I140 if your Lawyer is ok with this scenario. Link to comment
anil_potu Posted November 9, 2011 Author Report Share Posted November 9, 2011 Thanks for your reply. Any Pros & Cons please? I am asking this because of " if your Lawyer is ok with this scenario. " Link to comment
pontevecchio Posted November 9, 2011 Report Share Posted November 9, 2011 Pros include approval and cons include denial of the I-140. I assume you do have a Lawyer in the loop . You can file concurrently. Link to comment
aboppana Posted November 11, 2011 Report Share Posted November 11, 2011 I don't think you can file 485 when your PD porting is pending. I could be wrong. Link to comment
pontevecchio Posted November 12, 2011 Report Share Posted November 12, 2011 "If now EB2 date comes to my PD, can i apply for I485 when my EB2 I140 application is filled and with receipt from USCIS?" This was the question and the answer is YES. Hence the previous poster is wrong. Link to comment
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