r/eb_1a•
theAIexpert1009

Attorney forgot to attach EB3 I-140 to my EB1 application! Help!

The attorney & Paralegal team I'm working with forgot to attach my EB3 I-140 in order to port the priority date.

However in the EB1A I-140 form under the additional information section they mentioned that I have an approved I-140 with a priority date of 1/22/2023.

The issue is they forgot to attach the old I-140 approval.

In case I do get approved (although I'm realistically expecting RFE), will I be able to apply for an EAD without any issues?

The current date of filling for India is at 15 April 2023, which is later than my PD of 1 Jan 2023. My understanding is that I'd be eligible to apply for EAD.

Please provide any input and guidance you may have. I will be reaching out to my attorney as well.

Posted Dec 1, 2025, 8:15 PM UTC

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