Hi,
=> Company A filed my EB3 GC(priority date Nov 2006) and I invoked AC21 (by sending a letter to USCIS) and joined Company B on my EB3 category and currently with this employer.
=> Thru another Company C, I did apply on EB2 Category with I140 approved with priority date as August 26'2004 (currently visa's available), and now this company went OUT of business for financial reasons and doesnt exist.
=> Now i got a RFE stating as below, which needs to be answered by May 27th....
""The Service acknowledges that you filed your I-485 based on your approved 3rd preference I-140. Service records indicate that you also have an approved 2nd preference I-140 with a priority date that affords you an available visa. If you wish to transfer this I-485 to the approved Form I-140(2nd preference) a request for conversion must be made in writing.""
=> My current employer Company B is reluctant to give anything related to EB-2, and on much pressure they gave something like this:
"With regard to your request for conversion from the EB-3 to the EB-2, we would be pleased if you granted such a conversion (and used the earlier priority date of August 26, 2004). Please note that we have no knowledge of the job offer made in the labor certification and immigrant visa petition by Company C, and we therefore cannot make any statement regarding the terms and conditions of that petition or labor certification. (We have also been told that the petitioner is no longer in business, although we have not independently confirmed that.) If you nonetheless deem it appropriate to convert application from the third employment-based preference to the second employment-based preference and use the earlier priority date, please do so. If you do not deem it appropriate to do so, please continue with the third employment-based preference."
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My Question:
=> Is this reply valid, as for the same position i sent an AC21 under EB-3 before, so can we request this way? Will it effect my EB3 petition?
=> Is there any way i can take advantage of the EB2 category even though the company 'C' is no more, by moving to another new employer with same job duties as EB-2 category and invoke AC21 and answer the above RFE?
=> Suppose if i dont get a new employer by May 27th, can i go ahead with answering thru my current employer that i will continue in EB-3 category and then move after few months when i get a job in EB2 category? Or will they close EB2 once i answer the RFE saying i will continue on EB-3.
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