Immigration Site

Hello Expert(s),

My Employer 1, applied for my I-140 in EB3 and approved. Priority date: Jan 2005 and I-485 pending.

Switched employers and Employer 2, applied for I-140 in EB2 requesting to re-capture previous Priority date. Second I-140 approved but with new priority date.

Can I apply an other 1 I-140 based on my second approved labor?

Many thanks for all your help.

ckinnj.

You need to correct the EB2 approved 140 to use the PD from EB3. For this, you probably have to send copies of both 140s and request USCIS to correct the PD. Your lawyer will be able to guide you.

When you had applied 140 in EB2, you should have sent a copy of your EB3 140. That way, they would have given you old PD.

It is important that you get it corrected asap because if you get the EB2 PD, USCIS can automatically approve your pending 485 applications by considering the EB2 PD to be 2005.

Also call the customer center to see if they have consolidated your 140s in your A-number.

Thanks limmigrant2.

When we applied for second I140 in EB2, lawyer did send the EB3 140 and EB3 485 receipt notice and referenced the A# in old 140. Could the reference to A# in old 140 instead of 485 caused this issue? Is this classifiable as user error?

Lawyer has sent an email to premium processing unit to assign the correct priority date. How long will it take to correct such mistakes?

Thanks again for your response,

ckinnj

I think I also have seen cases on forums where if a person had EB3 and EB2 with different PDs, they would consider EB2 with the earlier PD and approve 485s. USCIS did this automatically.

But USCIS ways are unpredictable.

Sometime USCIS do not send any response. They just correct the PD at their ends. Try calling the customer service number.