Priority date got ported from Denied EB3 to EB2

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 The following are the series of events happened during my GC filing. 


 - Joined company ABC in Jan' 2007

 - ABC applied new LABOR for GC in Dec' 2007 in EB3 Category

 - Labor got approved in May' 2008

 - ABC applied I-140 in June' 2008

 - I-140 was in PENDING status since then

 - Left company ABC & Joined company XYZ in May' 2010

 - XYZ applied new LABOR in March' 2011 in EB2 Category

 - Labor got approved in July' 2011

 - XYZ applied I-140 in Oct' 2011

 - I-140 through company XYZ (EB2) got approved on April' 2012

 - priority date got ported from EB3 (pending) application to EB2 application (basically EB2 I-140 approval notice mentioned Dec'2007 as the priority date) 

-  The very next day my old EB3 I-140 got DENIED. (Do not know the reason. company ABC went out of business after that. Since i was registered in USCIS website i got to know about the denial decision on EB3 I-140)

- Few people told me that priority date can only be ported from previously approved I-140.

- So opened a Service request with USCIS to check on the Priority date asking whether the date was given by mistake or deliberately USCIS ported it.

- Did not get any response

 - Meanwhile EB2 current date moved to Jan' 2008 in June' 2013

 - Since my given EB2 priority date was Dec' 2007, we applied I-485 also EAD+AP

 - I-485 application was accepted & went and gave finger prints

 - Got EAD + AP in Oct' 2013

 - Waiting for GC

 - Dates got retrogressed to Nov' 2004 in Nov/Dec' 2013

- Received an AMENDED I-140 approval notice for EB2 application with Mar' 2011 as priority date (almost after 2 years)

 - I have not used my EAD yet. Still on H1B.


My Questions:

 - Is my EAD valid?  - The date (Mar' 2011) was never current.

 - What would happen to my I-485 application. Would USCIS deny it and would ask me 

to wait until my new priority date (Mar' 2011) becomes current and apply anothet I-485. Or would they look into the same I-485 application once my new priority date becomes current some time in the future.

- Can i apply for my EAD extension next month.


 What do you want me to do now?


 I did not get satisfied answers from my attorney. So posting my situation here.


 Please advise.



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Would USCIS not validate the priority date before they accept the I-485 application? Since in my case USCIS accepted my I-485 application and had given EAD also. Later they gave me an amended I-140 with a corrected priority date after 2 years of opening a service request. I guess if I had not opened that service request probably I would have got my GC by now. Just didn't want to get into any trouble during Citizenship or in some other process so opened that service request to be on the safe side from my side.

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  • 5 years later...

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