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Changing EB2 to EB1?

Discussion in 'National Interest Waiver and EB1' started by tufguy, Mar 3, 2008.

  1. tufguy

    tufguy Registered Users (C)

    Hi all,

    I need an advice about changing from EB2 to EB1 OR category. I have approved labor and I140 (with priority date of Nov 2006) under EB2 category. I cannot file for 485 until my PR date becomes current (which 2 months bk was 2000, now it shows unavailable). My attorney told me tht I can change to EB1 OR category in which 140 and 485 are current but will not be able to switch job or move to some other location of same co. until 6 months of filing and approved 140 under EB1. He mentioned tht 140 under EB1 is taking abt 1 yr these days. I have few questions -
    1. Will my currently approved I140 will hold good even if I apply for new 140 under EB1?
    2. If EB2 becomes current while 140 in EB1 is still under processing, can I switch bk to my original EB2 application?
    3. Is it advisable to switch to EB1 (added expense of ~6k), or wait till Oct until new 485 numbers become available in EB2?

    Thanks for your time,
  2. gc_eb1ea

    gc_eb1ea Registered Users (C)

    1. Yes. You can apply for as many I-140 as you want. They are all independent.

    2. Again, at I-140 level it doesn't matter at all and there is nothing like switching back. However, when you file I-485 you will have to choose "one" I-140 to link. You can relink it to other I-140 later but that's a major pain in the a$$.

    3. If you are from India, EB2 will not become current (for a PD of Nov 2006) in foreseeable future. The October bulletin will not help you at all. Regarding EB1-OR, you need to find out if you qualify for that or not. In tech areas, you most likely need a solid Ph.D. with well cited research papers. If you have those evidence, you *should* try for EB1-OR. Waiting for EB2 PD to become current is futile in my opinion.

  3. tufguy

    tufguy Registered Users (C)

    EB1 OR v/s EA

    Thanks for detailed response. This will definitely help me.

    I have another question. After reviewing my resume, my attorney told me that I may be able to apply for EB1 OR category but he didnot tell me anything about EB1 EA category. Is there any difference between the two? Is yes, what is it?


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