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Expert advice on filing AOS

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  • Expert advice on filing AOS

    I have a unique case where I m confused with the advice I have received from my counsel on filing AOS for my case. I would like this community to help me with their feedback and thoughts.

    I have two approved I-140s -
    Prior Employer - EB3 with PD of Mar 2013 (Current for Oct 2020)
    Current Employer - EB2 with PD of Oct 2016, for whatever reason USCIS did not port my previous PD (Not current for Oct 2020)

    When I asked my counsel regarding concurrent filing of I-485 with I-140 in EB3 category so we can port my previously approved I-140 PD, my counsel said they will continue with my current case by recapturing the previous PD. My question is - is it possible to reuse a previously approved EB3 I-140 to file for adjustment in a different EB2 category without filing a new I-140?

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