EB3 to EB2 porting Question


sukanya_yem

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My EB3 date is Feb 2007 (Nebraska Service center). I140 was approved in Dec 2008. I485 is still pending.

We filed a new Labor under EB2 with the same employer in June 2011 got it approved. The new I140 is also approved in Nov 2011 (Texas Service Center). But the priority date on the new I140 doesnt reflect the old one.

Attorney applied a PD Retention letter to adjust the date and process the I485 in Dec 2011.

My questions are:

1. ususally how long will it take for the GC to be approved in suc situations?

2. Should I call USCIS to ask for the status? How long should I wait before I call?

Thanks

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  • 4 weeks later...

Hi,

Here is my case

EB3 - PD Feb 2009

EB3 I-140 approved

I wanted to know what is the process of re-filing my application in EB2 and interfile my EB3 PD to EB2. What are the documents that I need to provide inorder to apply for EB2.

Note:

1. I was with the same employer for 6yrs and I got extension for 3yrs based on I-140.

2. Total exp 9yrs.

Please provide me the information to talk to my employer and attorney regarding the same.

Thanks in advance

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If one is qualified for EB2 and had earlier applied in EB3, what harm does it do to you, if they decide to "upgrade" their status?

The status of one's application will not have a positive or negative impact on you application's approval. You will get your approval, when you are destined to get it.

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