Can I change to EB2 from EB3 after 140 approval. Please help

M

mkiran

Registered Users (C)
Hi Friends,
Is it possible to change from EB3 to EB2. My company has filed for my
labor in oct-99 and got it approved. and also my 140 is approved.
I have a MS in computer science from a university in US. And so far
I have worked six years for this company. Now I am applying for my 7th year
extension based on new rules. Company refused when I was applying to start in EB2.
So mine was filed in EB2. Now the same company, is doing labor in EB2 with similar
backgrounds. Is there anyway I can change this process into EB2 instead of EB3.
(The basic reason is my priority date for EB3 is 10-99 which is almost 2 and half
years wait based EB3 May-97 dates).

Can somebody help me on this. I appreciate your suggestions and comments.

Thanks
Kiran
 
No Title

You will have to redo your I-140. However what you can do is to file I-485 based on your EB3 I-140 and later replace it with the EB2 I-140 (once that gets approved).
 
No Title

I got the part of redoing 140. Could you please explain a bit
on the suggestion filing based on my EB3 140 and later replacing
with EB2 140.

One more question, is just redoing 140 sufficient. Dont need to
do anything with labor EB3. Right.

Can someone help me on this. I appreciate your comments and suggestions.

Thanks
Kiran
 
No Title

I am also in the same situation. I have already filed for 485 and am on EAD. Can I file again in EB2 and use the EB3 PD? At what stage can this be possible, if it is? Is it at I140 or I485? Thanks.
 
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Thanks for your reply. What does involve in redoing my EB3 140 to EB2 140. Please help. I appreciate your comments.

Just want to know that my EB3 labor is fine. I dont need to redo my EB3 labor, Right.

Can someone please help me with this.

Thanks
 
No Title

At labor stage, you do not specify the category. Category is specified only at the i-140 stage. That is why only i-140 redo is required.
 
No Title

You have to do labor cetification again. Then you have to file I 140 in EB2 ( its mentioned in the form when you will apply )category.
 
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