Eb3 to EB2 porting - Date Recapture

[sree52]

In 2007, I got my I140 approved under EB3 and filed I485. In 2010, Company had faced 'Visa Fraud' issue and I was called for the Green Card Interview. Even before the interview, I was moved to different company and filed AC21. Interivew went well in 2010 and I have been getting H1b approvals(beyond 6 years) and there is also no issue in getting EAD and AP Renewals.

In 2014, I moved to different company to port my GC to EB2. I recently got I140 approved with the Old Priority date.


Now the question is, Will it cause any issue on my pending 485, if I request USCIS to upgrade my 485 to EB2? What happens to the PD if USCIS revokes I140 for the visa fraud made by the sponsor company in 2010. Is there any chance for the USCIS to revert the PD of new I140 to the new PD (If they revoke the old I140)

Thanks in Advance.

[ror2012]

In 2007, I got my I140 approved under EB3 and filed I485. In 2010, Company had faced 'Visa Fraud' issue and I was called for the Green Card Interview. Even before the interview, I was moved to different company and filed AC21. Interivew went well in 2010 and I have been getting H1b approvals(beyond 6 years) and there is also no issue in getting EAD and AP Renewals.

In 2014, I moved to different company to port my GC to EB2. I recently got I140 approved with the Old Priority date.


Now the question is, Will it cause any issue on my pending 485, if I request USCIS to upgrade my 485 to EB2? What happens to the PD if USCIS revokes I140 for the visa fraud made by the sponsor company in 2010. Is there any chance for the USCIS to revert the PD of new I140 to the new PD (If they revoke the old I140)

Thanks in Advance.

Hi

Did you get any update on your case.. i wanted to know because i am also in the same situation. Can you please update your status that would be useful.


Thanks