I-140 porting category and priority date both ?

[duskandawn]

Hi All,

I have an approved I-140 with my previous employer. And my new employer is starting my perm process again.

I am aware of the fact that i would be able to use my PD from the approved I-140 with the new application.

But, my current employer will be filing my perm under EB3 instead of EB2. So even if i use the EB2 PD, I will still be pushed back in the waiting queue as i will be then unde EB3 queue.

When i mentioned this to the laywer, he said when filing for my new I-140, I would not only be able to use the PD from it but also will be able to use the category in which it was filed with. So that means i would still be able to file under EB2 instead of EB3 category.

I wanted to check with the experts here, if this is a true statement. That whenever we port over the PD from an older I-140, i would be able to port the category too.

 

Please advise,

 

Thanks,

[ateetshah]

Hi All,

I have an approved I-140 with my previous employer. And my new employer is starting my perm process again.

I am aware of the fact that i would be able to use my PD from the approved I-140 with the new application.

But, my current employer will be filing my perm under EB3 instead of EB2. So even if i use the EB2 PD, I will still be pushed back in the waiting queue as i will be then unde EB3 queue.

When i mentioned this to the laywer, he said when filing for my new I-140, I would not only be able to use the PD from it but also will be able to use the category in which it was filed with. So that means i would still be able to file under EB2 instead of EB3 category.

I wanted to check with the experts here, if this is a true statement. That whenever we port over the PD from an older I-140, i would be able to port the category too.

Please advise,

Thanks,

Your classification can't be ported. Only your PD.

[Jyothis]

Your job requirement defines the classification.