Concurrent Filing, EB2 or EB3?

[miliky]

Hi, I am new to this pl. help..
My labour applied before Jan 2002 and approved this month Jan 2005 in EB2..
My 6 year visa is till Mar 4th 2005. I have some questions about filing 140 & 485.
1.Can I file 140 & 485 concurrently in EB3?
2.Do I need to apply for H1 also as it is expiring on Mar 4th(Or if I apply for 140 & 485 is enough?)
3.I qualify for EB2 also Can I file 140 & 485 concurrently in EB2?

 

[gb04]

you can apply concurrently in both EB2 and EB3 catg. I am assuming your PD (date of filing labor) was before jan 2002 or you were not born in india, china or the philippines.

you need to file for the 7th year extension to be on the safe side. you will get your EAD after filing for 485 but it may take upto 90 days which will mean u could be out of status between the time ur h1 expires and u get ur EAD.