Hi,
My cousin's PERM EB2 labor application has been pending with DOL (Atlanta) since the past 4 and half months. His employer has offered to file for I-140 using a pre-approved EB3 labor with PD in Apr 2004. His employer has also offered to file for another I-140 (if needed) when his PERM EB2 labor approval comes through. His employer is paying for his GC.
1> Should he go for I-140 using the pre-approved EB3 labor or wait for his EB2 labor approval? Which is a better option?
2> Is it possible for the same employer to file for I-140 using an EB3 labor and then file for another I-140 for the same employee using an EB2 labor while the first I-140 application is still pending?
3> Incase he files for I-140 with the EB3 labor and it gets approved and then if his employer files for another I-140 with EB2 labor (provided his PERM EB2 labor is approved), is it possible to retain the old Priority Date of the EB3 labor?
Advice needed from forum members.
My cousin's PERM EB2 labor application has been pending with DOL (Atlanta) since the past 4 and half months. His employer has offered to file for I-140 using a pre-approved EB3 labor with PD in Apr 2004. His employer has also offered to file for another I-140 (if needed) when his PERM EB2 labor approval comes through. His employer is paying for his GC.
1> Should he go for I-140 using the pre-approved EB3 labor or wait for his EB2 labor approval? Which is a better option?
2> Is it possible for the same employer to file for I-140 using an EB3 labor and then file for another I-140 for the same employee using an EB2 labor while the first I-140 application is still pending?
3> Incase he files for I-140 with the EB3 labor and it gets approved and then if his employer files for another I-140 with EB2 labor (provided his PERM EB2 labor is approved), is it possible to retain the old Priority Date of the EB3 labor?
Advice needed from forum members.