EB2-> EB3 Porting(Rare). USCIS Decided EB2

[Ajay]

Recently i heard of a scenario. I would like to know the validity of it

Some one has EB2/I-140 approved with Employer A.

Later he moved to employer B, but employer B want to file GC in EB3.

When employer B filed in EB3, USCIS decided the case in EB2 and issues I140 with Previous priority date in EB2.

Does anyone know about this kind of situation like USCIS issuing I140 in EB2 instead of EB3?

[tux78]

Hi,

I would to an attorney for professional advice but I am not aware of this. EB2 and EB3 qualification is based on the job description so usually that dicates in which category you can file.