File I140, I485 and EB3/EB2 porting at the same time..?


kitskats

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Hi All, below is my situation,

 

EB3 labor approved --> PD --> Mar 2008

I140 (EB3) approved --> PD --> Mar 2008

 

EB2 labor approved Jul 2013 --> PD Jul 2012

 

I am hoping the priority dates will move in September 2013, if it does will I be able to File I140, I 485 and porting EB3 priority date to EB2 all at the same time, if yes could someone please let me know what the actual process is..?

 

thanks all for your response.

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You file I-485 and I-140 concurrently, and in both petitions' cover letter state that you would like to capture an earlier PD. Attach proof of that earlier PD existance, like I-140 receipt, approval, or some other document showing that an I-140 with an earlier date was approved in your name. There is also a place in I-140 petition where your employer needs to mention that.

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