Priority Date Porting from EB2 PERM to EB2 NIW


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Hello gurus, 

I have I485 pending under eb2 I category with a priority date of May 2009 and I have already obtained EAD card for two years. With the given backlog situation, I don't expect my priority date to be current anytime soon. Hence, I am exploring other options where I can change job more freely. I am aware of the fact that I am eligible for AC21, however it's not very easy to justify AC21 or find a similar job in a non-IT profession. Therefore, I am exploring other options such as eb2 niw category and was wondering if it gets approved then can I port my existing eb2 priority date for the NIW category. If yes, then it may allow me the freedom of change in employer (within my research area/discipline) and also would allow me to continue renewing my EAD card (even though if my I 140 is cancelled by my current PERM employer) and in this situation it appears that NIW approval would be as good as having a green card. However, if the NIW is not portable then it does not provide any benefit in my case. 

Can someone please suggest if my understanding is correct and have gone through similar experience. 




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  • 9 months later...

I am in a similar situation. I think the NIW make sense only if one can transfer the existing I-485 based on PERM approval to the approved NIW 140 to take advantage of job change etc. However, I am not sure how one can port the NIW priority date without having the priority date current. Experts, please clarify if one can tie the NIW I-140 to the existing I-485 without being the priority date current (in the situation described above) so that the EAD is not tied to the PERM employer.



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