Can I change EB3 to EB2?

N

nightmare555

Registered Users (C)
My lawyer made a mistake by checking my case type as EB3. All my other materials were prepared according to EB2. Can I change to EB2 and what will happen? Anyone had similar problems? I appreciate your suggestions.

LC (RIR) 07/03
I-140, I-485 01/04
 
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from immigration-law.com --> " one has to understand the rule of the employment-based preference immigration petitions. The rule is analogous to a "watershed" or "downhill water stream." For instance, once he/she obtains a "upstream" labor certification application such as EB-2, he/she is also eligible for "downstream" immigrant petitions such as EB-3. Accordinly, in this illustration, if he/she obtains a labor certification approval for EB-2 job, he/she can file two I-140 petitions simultaneously or sequentially, one for EB-2 I-140 petition and the other for EB-3 I-140 petition. If he/she chooses to do that, he/she can also file just a EB-3 petition using the certified EB-2 labor certification application. The same is not allowed from downstream labor certification application to upper stream preference immigrant petitions. For instance, if he/she obtained a labor certification for EB-3, he/she cannot file a EB-2 petition."
 
Thanks a lot for all your replys. I will file another I-140 soon. When will my new I-140 likely be processed? In the coming months? as if it was filed one year ago (my first I-140 and I-485 ND 01/04), or one year later? as its notice date will be 01/05? Thanks!
 
Eb3 - Eb2

I am in the same boat
Ho Long does it take to amend an I-140?
Attorney says amend application is just a cover letter
with a fee for regular I-140 with the Labor and Approved eb3 i-140 etc

Any ideas?

Thanks
 
I filed a new I-140 (of course have your employer sign it), paid the application fee. I did not provide any other materials. (I am not sure if my lawyer provided any). It took aound 3 weeks to submited it to USCIS.
 
What happens to 485

When you switch from EB2 to EB3 after the 485 being filed. What happens to 485/EAD/AP ? Do you need to file them again ?
 
Did you mean eb3 to eb2?

I guess you just need to interlink the new I-140 with I-485
Dont have to file anew
 
Glad to tell you that my I-140 (Eb-3) got approved (on 02/05/05). I don't know what will happen to the 485 and the new I-140 (Eb2).
 
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