hi all,
here is my situation...when i applied for lc in 2001 i only had a bachelor, so it was put under eb3. after a long painful wait of 4 years, it was finally approved not long ago. while waiting during those 4 years, i obtained 2 masters. but those 2 masters are not doing me any good right now as my lc was under eb3 (other countries). my pd june 2001 is close and yet so very far given this !@#% retrogression that no one can predict. i may end up waiting years.
so what i am now trying to figure out is:
1- can i file another lc under eb2 with the same company but with a high position and salary (that i do actually have)?
Yes you can
2-if yes, how can i retain my old pd with the new application?
You have to get I140 approved for both the labors then ask USCIS to transfer the PD
3-will i loose my current lc? or will i still be able to use it and apply for 485 if by miracle my pd becomes current before the new lc is approved through perm? in other words can both applications proceed in parallel?
You should get the 140 approved for the current lc before the 45-day rule goes into effect
4-will the uscis revoke my lc if they find that i am now in a different position and getting a higher salary so both different from what was in my lc application years ago? i heard that the position and salary are not supposed to change...
I do not think that USCIS can revoke the LC. On a side note, if you are on H-1, technically I believe that you have to file a new H-1 whenever you get a promotion
please help me guys/gals...thank you all in advance!!!