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Eb3 To Eb2 Portability

Discussion in 'AC 21 I-140 Portability' started by Pkai, Mar 28, 2015.

  1. Pkai

    Pkai New Member

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    Hello Mr. Ron,

    Please see below about my background and question:

    Background:

    My green card priority date under EB3 – India category is 18th March 2007.

    1. My AOS (I-485) application is pending since 8th August 2007.

    2. I used AC-21 to switch my job from the green card sponsoring employer to my current employer on 1 July 2013.

    3. My wife, my daughter and my son are dependent applicants in my green card applications.

    4. My wife and I are working using EAD status. My daughter and son are having EADs as well and they are studying in college.

    5. My daughter was 16+ years old at the time of I-485 application and now she is 24+ years old

      My son was 11+ years old at the time of I-485 application and now he is 19+ years old
    Let us say a new employer is willing to sponsor my green card under EB2 and help me to port my EB3 priority date.

    What will happen to the AOS petition of my daughter? Can it be ported too to my new EB2 application? Please note that my daughter was 16+ years old at the time of I-485 application and now she is 24+ years old.

    Thank you very much.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have a complex case with unique facts. You need to sit down with an experienced immigration attorney to see what, if anything, can be done. To some extent, the Child Status Protection Act applies, but unless the USCIS took an unusually long time to approve your I-140, your daughter is likely no longer eligible to adjust as your dependent. Talk to someone.
     

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