Blue Blue
Jan 17, 2023
Is re-capturing or porting priority date automatic from EB2-NIW to EB1A if both I-140s are approved?
I have a question about re-capturing priority date. My EB1A I-140 got approved in July (petitioned through my company), and the priority date is 05-11-2022. I have filed I-485 on 08-26-2022, and fingerprints were taken on 09-26-2022. Now, with the retrogression of EB1 for Chinese citizens (the final action date now is 02-01-2022), my priority date is no longer current. However, my EB2-NIW is also approved through my own lawyer and the priority date is 01-26-2022. I was wondering if I have to do anything to notify USCIS about recapturing the early priority date so that my I-485 is not delayed. I read somewhere online, it says the USCIS would automatically port the early priority date. Is it always the case? If not, by sending a letter to USCIS about recapturing this early priority date, would the process itself delay I-485 processing time (e.g., re-issue a new notice or something else)? Or if there is any other way to notify USCIS about this. I would assume it would not do any harm.
anyone that have similar experience?
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Andy AndyJan 17, 2023
the porting should be automatic but it’s best your attorney raise a service request to get a confirmation
R MJan 17, 2023
you should automatically have thr ported priority date in the EB1 i140
I have got mine as above
A RJan 21, 2023
@ R M……when you talk about EB2 priority date automatically being ported in the EB1 I-140, are you able to let me know where in the form this data is captured or where I can look it up?
appreciate your feedback!
R MJan 21, 2023
Eb1 i140 approval notice will have the eb2 priority date
A RJan 21, 2023
@R M…..do you mean the I 797 for the I-140 approval? Or the I-140 application?
R MJan 21, 2023
i140 approval
