Change of Filing category from EB3 to EB2 ...

Amaan

New Member
Hello Immigration Pandits,

Urgent, Urgent, Urgent …. I am in a little awkward situation. I need you help!

My green card was supposed to be filed under EB2 category. But, my lawyer made the mistake and filed it under RIR/EB-3 category. I was eligible to get my green card filed under EB2 category and initially my lawyer told me that it would be under EB2 category. My labor got cleared two weeks ago and he has filed my I-140 just last week. I came to know about the filing category today.
I am totally lost now. I don’t know what to do? He was saying that there is no difference between filing under EB2 / EB3 category except that the Processing Date of EB2 is current and of EB3 is 01/01/99. He was also saying that in 3-4 months (by the time my I-140 is going to be cleared), the EB3 processing date will be CURRENT for sure.
I asked him about transferring it to EB2 from EB3, because that was his fault. He said that he has to start the process from start and by the time I will get my labor cleared again, date for I485 will be current.
I am not still convinced by him as there is no guarantee that the processing date for RIR/EB3 is going to be current by coming October. I don’t know how can a reputed lawyer can do such a mistake which is related with one’s future.
I haven’t talked to my HR manager about this.

My questions are –
- Is it possible to get my GC transferred from EB3 to EB2 category without getting the to apply from it from start (I-140 onwards without repeating the labor certification again)
- If yes, what should I talk to my lawyer about ?
- Is this true that EB2 and EB3 has no processing time difference, one doesn’t get processed faster than another

Any help in this matter is appreciated

Thanks,
Amaan
 
No Title

Your lawyer is right. To convert to EB2 your whole process needs to be done again. However you can start EB2 processing without cancelling EB3 and both can go on parallely.
Also now that EB3 dates have become current .. there is no difference between EB3 and EB2.

  Good luck.
 
No Title

Your lawyer is right. Although the processing time is little bit faster with EB2. But processing time for the 485 is the same.
So instead of switching you should continue with what you have.
Once your I-140 is approved, EB2/EB3 won\'t make any difference.
And after 180 days you can switch the employer by providing the letter to the service senter about your intent.

 - Az
 
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