EB3 to EB2 porting


nr2006

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Posted

I had a EB3 PERM with PD of Feb 2006 and I have filed for 485 based on that PERM in JUly 2007 with Employer A and in Aug 2008 I have filed my Labor and I-140 ( approved) in EB2 based on the pending 485 application with Employer B.

What are the chances that for any reason the employer B will withdraw the I-140. ? Is it possible and if so how so .. Would like to hear inputs hear from other members.

Thank you.

Posted

Hmm... that's like asking whether my neighbor will let her dog poop in my side yard. It's possible, of course. It's not very nice, but possible. All you can do afterward is to deal with the mess.

Posted

I had a EB3 PERM with PD of Feb 2006 and I have filed for 485 based on that PERM in JUly 2007 with Employer A and in Aug 2008 I have filed my Labor and I-140 ( approved) in EB2 based on the pending 485 application with Employer B.

What are the chances that for any reason the employer B will withdraw the I-140. ? Is it possible and if so how so .. Would like to hear inputs hear from other members.

Thank you.

If Employer B withdraws I-140 and you still got approved I-140 from Employer A then you are ok. Use can use Ac21 or find another employer to get file new PERM/I-140.

Posted

Hmm... that's like asking whether my neighbor will let her dog poop in my side yard. It's possible, of course. It's not very nice, but possible. All you can do afterward is to deal with the mess.

LOL :)

Posted

I am more interested to know if the employer has legal right as its ported to a pending (for more than 5 years) 485 application.

Yes, you are asking for my advice. Here it is: stay, classy, my friend.

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