EB3 to EB2 Conversion - Different Employer.

[kkumargc]

Hi All,

I am new bie to IV and sorry if I am posting this in a wrong thread. Here is my status. Please help me out.

EB3 --> PD 08/2004 --> 140 APPROVED, 485 PENDING - EMPLOYER X --> I have EAD ,but still not using it. I am on H1b.

EB2 --> PD 06/2009 --> Now I have to apply for 140. -- EMPLOYER Y

I have couple of questions

a) I want to apply my EB2 140 as soon as possible. However I am not able to decide if I should move to EMPLOYER Y now and have 3 paystubs generated before I apply for my 140 or should I go ahead and apply for 140 directly without moving to that Company. Could you please tell me if it is really going to help me moving to this employer and then filing for 140 or it doesnt matter.

b) Looks like there are two ways to port my EB3 PD to EB2.
1) WHile applying EB2 140, to attach EB3 140 Approval Notice.
2) To apply for EB2 140 seperately and after getting the approval, to file for I485 linking

I am bit concerned about option (1) reason being that my wife is not added to my EB3 485 yet. So if at all I get my EB2 140 approved, I was told that if I am really really really lucky, the 485 may get approved in days , but that would leave my wife in trouble. So I am leaning to option 2.

Could you please advise.
Thank You
Kumar.

 

[limmigrant2]

Consult a lawyer. They should know.

Here is one possibility.

Your EB2 PD should have been 08/2004 because since you have 140 approved in EB3 already, any new filings will inherit the previous PD.
So ask your lawyer to
* Apply 140 while attaching the old eb3 140 copy indicating the earlier PD.
* Co-file 485 application for your wife as dependent, since you get the earlier PD which is current as of today. (You do not need to file your 485 as USCIS has it and based on AC21, 6months after 485 gives you opportunity to change employers).

Everything depends on the lawyer's letter.

IMP: It is very important that you need to file wife's 485 along with your EB2 140 because if USCIS approves 140, there is a possibility they will consider EB2 under 08/2004 PD and approve your 485 application.