Frequently Asked Questions
I-140, Immigrant Petition for Alien Worker
Q: What if my EB-2 priority dates become current earlier than the new EB-3 filing?
A: If the EB-3 becomes current, you can file your AOS under the EB-3, if your EB-2 priority date comes first then you will also be able to file for adjustment of status using your EB-2 approval.
Q: Is it possible to downgrade and do a concurrent filing when EB-3 becomes current for me?
A: Concurrent filing is possible. Please note each application has to be reviewed on case by case basis to determine if the concurrent filing is the best option.
Q: How do you port the priority dates?
A: You will be able to do this by capturing the EB-2 priority date on your EB-3 application. Both EB-2 and EB-3 applications will have the same priority dates.
Q: Does filing the third preference petition conflict in any way with the second preference petition?
A: No, it does not.
Q: In case of I-140 denial from EB-3 porting, Will there be any impact in my EB-2 I-140?
A: No, there will not be an impact on your EB-2.