Porting and filing I 140/I 485 concurrently


Recommended Posts

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.


Link to comment


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.



Link to comment


This topic is now archived and is closed to further replies.