Porting and filing I 140/I 485 concurrently

[smitha]

Labor applied under EB3 -- Approved and PD set as April 2008 under L1. Employer - *********-- I 140 approved as well.

L1 to H1 transferred in 2009 -- Approved until 2012 June.

Same employer applied labor UNDER EB2 -- pending

Question : If labor gets approved can i file I 140 and I 485 concurrently and go for medicals? Does porting happen automatically and we don't need to wait for i 140 approval and then apply for I 485 ?

Please suggest as I am planning for india trip.

Thanks.

[ken41]

Hello,

You can file I-140/I-485 concurrently after the EB2 PERM gets approved. But you need to prove how you are entitled to an earlier priority date. Since you are with the same employer I believe your EB3 is still valid. While applying attach a copy of the EB3 approval notice and request porting explictly since USCIS sometimes do not port automatically. Your lawyer would know this better.

Thanks,

Ken

[Belle]

As long as you have proof of an earlier PD being assigned to you, you can file I-485.