Can I apply PERM in EB2?

N

nisra

New Member
I already have an approved 140 in RIR under EB3. My comppany wishes to apply LC in PERM under EB2. I have 5 years of experience before joining this company and have a Bachelors degree from India

Questions:
1. Can I apply for EB2 PERM inspite of already having a RIR EB3 approved 140?
2. If I can apply will I lose my priority date from original approved EB3 140?
3. If I am able to apply under EB2 PERM then do I need to apply for 140 again under EB2?
4. Once 140 is approved under EB2 (assuming that I apply separately for 140) can I use my original EB3 case priority date to apply for 485?

Any other recommendations or issues I need to look out for?

Please let me know as I have to make a quick decision to let my folks know at the earliest
 
Here's my understanding:
If you have an approved 140 under EB3 that was approved on the basis of a LC filed in pre-PERM, you can then file a PERM LC, get 140 approved on the basis of that and "recapture" the older PD of the EB3 140.

You'll need to meet all the criteria for EB2 for the PERM LC, and you can not use any experience gained from the current employer. Since you 5+ years before the current employer, and if you have a 4 years Bachelors, you should qualify for EB2.

nisra said:
I already have an approved 140 in RIR under EB3. My comppany wishes to apply LC in PERM under EB2. I have 5 years of experience before joining this company and have a Bachelors degree from India

1. Yes
2. No
3. Yes
4. Yes

Questions:
1. Can I apply for EB2 PERM inspite of already having a RIR EB3 approved 140?
2. If I can apply will I lose my priority date from original approved EB3 140?
3. If I am able to apply under EB2 PERM then do I need to apply for 140 again under EB2?
4. Once 140 is approved under EB2 (assuming that I apply separately for 140) can I use my original EB3 case priority date to apply for 485?

Any other recommendations or issues I need to look out for?

Please let me know as I have to make a quick decision to let my folks know at the earliest
Click to expand...

I am not qualified to dispense legal advice. This is purely from personal knowledge and experience.
 
Thanks

Thanks for the update. I had similar thoughts but the only concern I had was the employee (myself) and employer are the same but the job posn is different (EB3 and EB2) hence wanted to ensure I get the insights from the Guru's here.

Any one else any kind of updates please post (be it +ve and/or -ve). Any updates highly appreciated
 
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