fred dantata
Jun 12, 2024
Porting/recapturing earlier priority date with NVC
I have an approved EB3 I-140 with a priority date of Dec 2021 that has been sent to NVC for consular processing. My EB2 NIW also recently got approved with a priority date of Dec 2023. Unfortunately, USCIS did not automatically capture my earlier priority date on the EB2 approval notice. I have received welcome letter from NVC and I paid the visa fees and filled my DS 260 form. Can NVC consider my earlier priority date and schedule me for interview if i request them in a letter with evidence of the EB3 approval or must the recapturing be done by USCIS? I will appreciate a response from anyone who has gone through priority date recapturing with NVC. Thank you.
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dee morJun 13, 2024
Did you complete Part 4, Item 8 question (Has any immigrant visa petition been file by or on behalf of this person?) in your I140 application for your EB2 NIW? Did you also add a paragraph or statement in your cover letter for your new application notifying the USCIS of your portability date request?
Rijo RijoJun 13, 2024
@fred dantata, just write a letter requesting that your earlier priority date be retained. Typically, USCIS don't do this automatically.
fred dantataJun 13, 2024
@Rijo Rijo thank you. How long does it normally take USCIS to make the change after receiving the letter?
Rijo RijoJun 13, 2024
@fred dantata, when it comes to time, USCIS is the latest organization to plan with. In my opinion, time doesn't matter here. You just send it and wait for them.....or follow up when you think they ain't responsive
