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Question

Hello, I am with a company A and they filed my labor/140 which was approved with a priority date of Jun6th 2011 in EB3. I have a 3 years bachelors (2002) and 2 years master degree(2006) in computer science. I joined the company A as a QA lead in 2010. I requested company A to upgrade my petition to EB2 based on my master's degree and they filed labor/I-140 in 2016 which was approved in EB2 which ported my EB3 priority date of June6th 2011. I didn't change my role after joining in 2010 and I am not promoted. As priority dates moved, I am eligible to file 485 if I am on EB3 but missed the dates by a month on EB2. I want to know if I can use my EB3 petition and file for 485 even tough I ported my EB3 dates to EB2 as I am with same employer for EB2 and EB3. Same Employer - EB3 priority date (2011 June6th) - EB2 ported in 2016 with the same date. Current dates EB3 eligible for 485/ EB2 ineligible for 485. Thanks Hari

User's Location: Columbus, Alabama, United States of America

Category: Employment-based Green Card