Change of Job

[Kate31]

Hi

My EB3 I-485 & I-140 filed on 14 June 2007. I-140 got approved.
My Lawyer had also filed I-140 based on EB2 substitution labor on 1st june2007 & got approved. I asked lawyer to make my case EB2 based on I-140 approval of EB2.

Question is that I will change my job after 180 days...am already in touch with new employer....What job responsibilities should i show in my new job...the one on Originaly filed EB3 labor or the new substitutied EB2 Labor....Thanks.

 

[ginnu]

Hi

My EB3 I-485 & I-140 filed on 14 June 2007. I-140 got approved.

My Lawyer had also filed I-140 based on EB2 substitution labor on 1st june2007 & got approved.
I asked lawyer to make my case EB2 based on I-140 approval of EB2.
----------------lawyer need to make a request by sending the EB2 I-140 approval copy +pending I-485 filing reciept that the pending I-485 should be approved on the base of EB2 I-140
Question is that I will change my job after 180 days...am already in touch with new employer....What job responsibilities should i show in my new job...the one on Originaly filed EB3 labor or the new substitutied EB2 Labor....Thanks.
----------- if your lawyer request for the I-485 to be approved based on second EB2 I-140 then use the job duties of the LC that was base of second EB2 I-140.
******I dont know what is PD of EB3 LC and EB2 LC? FYI the PD plays a role for early approval of I-485. If PD of EB3 is 2001 or 2002 and PD of EB2 is 2005, 2006 then EB3 is better but one can also recapture early PD. your lawyer should know that.

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[Kate31]

Thanks Ginu

PD for EB3 is March 2005 & EB2 is January 2006. Do you think i should keep EB3. As per the visa bulletion, EB3 is Aug2002 so it means another 3 years before my turns come...For EB2 It might be current in near future....your suggestion & thanks again for your response.

 

[ginnu]

Thanks Ginu

PD for EB3 is March 2005 & EB2 is January 2006. Do you think i should keep EB3. As per the visa bulletion, EB3 is Aug2002 so it means another 3 years before my turns come...For EB2 It might be current in near future....your suggestion & thanks again for your response.

Make request to INTERFILE the second I-140 by sending copy of EB2 I-140 and recapture early PD of March 2005 of you want I-485 approved based on EB2 I-140

 

[Kate31]

Thanks Ginnu..thats wht i Plan to do..However I was talking to my new employer & their Lawyer said that for AC21 they would use the responsibilities in EB3 labor ie..on which I-485 is originially filed...Logically I think that Once i convert my case to EB2....job responsibilities of EB2 Labor should be used...Is there any ruling on this...I dont know if I should trust the new employer lawyer as mostly these guys are not very good with immigration matters & might jeporadize my green card process....

 

[ginnu]

Thanks Ginnu..thats wht i Plan to do..However I was talking to my new employer & their Lawyer said that for AC21 they would use the responsibilities in EB3 labor ie..on which I-485 is originially filed...
---------------------lawyer wants to play safe because you dont know if USCIS Interfied EB2 I-140 or not with pending I-485. you need a good lawyer for Interfiling and to recature early PD

Logically I think that Once i convert my case to EB2....job responsibilities of EB2 Labor should be used...Is there any ruling on this...I dont know if I should trust the new employer lawyer as mostly these guys are not very good with immigration matters & might jeporadize my green card process....

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