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Judith, My other friend who has converted his EB2

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For Judith -------------- Hi Judith,My other friend...
For Judith
--------------
Hi Judith,My other friend who has converted his EB2 application with priority date 2012 May to EB1.1. Will he retain the older priority date to : May 2012.
2. How long will it take for his EAD to come in EB1.
Submitted: 5 months ago.Category: Immigration Law
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11/12/2017
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 5 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,505
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 5 months ago

Sure you are not a lawyer?

My other friend who has converted his EB2 application with priority date 2012 May to EB1.

1. Will he retain the older priority date to : May 2012.

Yes, he is allowed to retain the priority date even if the old petition revoked the I-140. He still keeps the PD.

2. How long will it take for his EAD to come in EB1.

From the time the I-485 is filed it is 90-120 days for EAD to be produced.

Thanks again for positive rating.

Judith

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Customer reply replied 5 months ago
Correct. Actually my second question was different, I wanted to ask as below, putting it as 3rd question.3. Once he files the I-140 upgrade from EB2 to EB1,
a. How long will it take for the upgrade.
b. After upgrade how long will it take for his retained priority date(which is May 2012) to become current under EB1.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 5 months ago

There is no such thing as an "upgrade" from EB2 to EB3. He has to file an EB1 petition and it is taking 6-10 months for those to be approved. He can file the I-485 with the new EB1 petition with a concurrent I-765.

EB1 is current. That is why he can file an I-485 with the I-140 EB1 petition.

Judith

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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,505
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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