EB3 to EB2 porting and Filing Concurrently

[ken41]

Hello All,

Please advice me on this situation. I have an approved EB3 with PD of DEC 07 and a pending EB2 with PD of May 12th 2011. Both are with the same company. EB3 is still valid and has not been withdrawn and the EB2 reciept notice shows the PD as May 12, 2011. As per the DEC bulletin EB2 would be current asuming the PD was ported from EB3.

I read in some forums that I can file I-485 with the EB2 reciept notice and the EB3 approval notice explaining the law regarding the porting of priority date and that I am entitled to have EB3 PD on the EB2 petition. Please let me know if this really works.

Please post your experience if anyone has gone through such a situation. Thanks for your replies.

Ken

[Attorney_14]

Hopefully you have requested retention of your earlier priority date on your EB2 case. In general, once an EB2 case is approved, retaining the earlier priority date that is current, then an I-485 application may be able to be filed if the applicant is eligible for adjustment of status to permanent residence.

I recommend that you contact a knowledgeable immigration attorney to obtain specific and accurate advice in regard to your case.

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.