fred dantata
Apr 20, 2024
How can I correct the priority date on my EB2 NIW approval notice with the USCIS?
I was approved of a EB2 NIW I-140 petition with a priority date of Nov 2023 which is retrogressed. However, I have a previously approved EB3 I-140 petition with an earlier priority date of Dec 2021, which is current for the EB2. When my EB2 NIW got approved the priority date was not recaptured automatically as I heard and thought it would. I am now seeking to request USCIS to recapture my earliest priority date. May I also point out that my approval notice has been forwarded to NVC, as I already received a welcome letter from them.
I welcome suggestions and advise from people with similar experiences.
My questions are:
1. How can I go about it? Because when I tried to raise a service request online, it asks for a US address ( STATE field is compulsory and includes only US States). I am applying outside the US, therefore can't use fill in this section of the form
2. Is this a complicated process? How long does it typically take? Is it advisable to send a letter by post to the USCIS Service Center?
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Rijo RijoApr 20, 2024
I am not sure how this should work for EB3 to EB2. But supposing they are the same, you can prepare your i485 and include both EB3 and EB2 approvals.....requesting (cover letter) that your previous PD be retained for this AOS. USCIS should honor the request.
Champ BoyApr 20, 2024
i have been trying to recapture my previou PD, but without any luck. I had my attorney send a packet with a letter explaining to port my previous PD to my pending I-485. Additionally, you can also ping USCIS via emma chat and request that you talk with a Tier2 agent
fred dantataApr 20, 2024
@Rijo Rijo thanks for your response. i am applying via consular, i.e outside the US.. I can’t file AOS
Rijo RijoApr 20, 2024
@fred dantata, that makes a bit of a gray area. Nevertheless, try talking to Emma as @Champ Boy suggested. Or you can also email the consulate where your application will be processed. They will reply with instructions on what to do.
All the best!
fred dantataApr 20, 2024
@Champ Boy thank you.. I will do as suggested. How long have you been trying ti recapture your date?
Champ BoyApr 20, 2024
@fred dantata We sent our firsr letter back in May2023. upon conttinuously requesting USICS and chatting them, the date still doesn't seem to be ported. May I ask ,what PD is shown on your I485 receipt?
fred dantataApr 20, 2024
@Champ Boy i do not have an I485 receipt because I am not adjusting status. I am applying via consular since i am abroad. I think in your case you can just go ahead with your I486 application and include a letter requesting that your earliest PD should be considered. also include proof of initial I-140 approval
NVC NEWMay 9, 2024
Thanks for sharing. I did it on the App "Inmigra USA" the community of Immigrants in the United States. inmigrausa.com
There are immigration lawyers and free collaborators.
Stay up to date on news of interest to the Latino community.
Search Inmigrate USA.
I chose the Florida community, it looks like they are starting now, so I recommend you choose Florida.
Busca inmigra USA el app del inmigrante, de verdad es muy buena tambien.
Thanks!!!
