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Posted on 11 Jan 2010
Q.

Porting Priority Date

Can my company file another application under EB2 category so that my old priority date 9/24/04 can be captured and ported? A new job description will be created as my job duties have changed.
I have a M.S in Comp Engg so the company filed my I-140 in the EB2 category but was rejected because of the job requirement (described below). Another I-140 filed under EB3 was approved. We filed I-485 in August, 2007.
Job Requirement:
B.S. in Computer Science/Engineering with 3 to5 Years of experience (OR) M.S. with 1 to 2 years of experience.

“B.S. with 3 to 5 years of experience” was the reason for rejection in EB2 category. They mentioned that B.S. with 3 years of experience falls under EB3.
Can we file a new application under EB2 and successfully port my old Priority date.

User's Location: Reston, Virginia, United States of America
Category: Employment-based Green Card
Posted on 11 Jan 2010
A.
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.com

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