Converting Eb3 to EB2

[Raj Shetty]

I need some advice on converting from EB3 to EB2 category. Can you please go through my case details and give me some suggestions? I really appreciate your help.

Case Details:
I applied for green card under EB3 category and filed for 485 couple of years back when the date was made current but unfortunately could not file for my daughter's 485 as she was in Inda when the dates were made current.

My I 140, EAD are approved and 485(Adjustment of Status) is in progress as Eb3 dates are not current.(Priority date 2004,April). My wife got EAD and started using it.

Right now I am on H1 visa (H1 visa expires in Setp,2010) so that my daughter can be on dependent visa. Right now she is on H4 status in US and expires in Sept,2010). She is in 9th grade and 14 yeard old.

please advice: 1) If I use my EAD what will be my daughter's status
2) What are the options to apply 485 to my daughter
3) Can I apply F1(student visa) to my daughter ? ( I think it is not possible but just wanted to know)
4) If I use my EAD, do my daughter can stay until her 1-140 expires legally.(I140 expires in Sept,2010)
5) Can I convert my EAD status to H1 again.
6) Can I convert my EB3 catagory to EB2 catagory by strating the process from the begning.
7) If some reason if EB2 catagory gets rejected or if there is any query (not resolvable) then what will be status of my EB3. Is it going to be retained or is it invaluable

My employer has agreed to file my case under EB2 but told me that it's at your risk..

Please help.

Raj

 

[ginnu]

I need some advice on converting from EB3 to EB2 category. Can you please go through my case details and give me some suggestions? I really appreciate your help.

Case Details:
I applied for green card under EB3 category and filed for 485 couple of years back when the date was made current but unfortunately could not file for my daughter's 485 as she was in Inda when the dates were made current.

My I 140, EAD are approved and 485(Adjustment of Status) is in progress as Eb3 dates are not current.(Priority date 2004,April). My wife got EAD and started using it.

Right now I am on H1 visa (H1 visa expires in Setp,2010) so that my daughter can be on dependent visa. Right now she is on H4 status in US and expires in Sept,2010). She is in 9th grade and 14 yeard old.

please advice: 1) If I use my EAD what will be my daughter's status
2) What are the options to apply 485 to my daughter
-----------------she should remain on H4 status till your PD becomes current so that she can file her I-485.
3) Can I apply F1(student visa) to my daughter ? ( I think it is not possible but just wanted to know)
-------------------I dont post for F1 others will post.
4) If I use my EAD, do my daughter can stay until her 1-140 expires legally.(I140 expires in Sept,2010)
-------------------if you use EAD she will not be on H4 status as with EAD use you will invalidate H1 status. what is her I-140?? do you mean her I-94?
5) Can I convert my EAD status to H1 again.
--------------------you can but expect problems as H1 holder who are filing H1 extensions or H1 transfer face problems and get long RFE.
6) Can I convert my EB3 catagory to EB2 catagory by strating the process from the begning.
-------You can read in other thread. new employer should file LC in EB2 and you need second I-140 EB2 approved and then if I-485 pending one can recapture early PD of EB3.
7) If some reason if EB2 catagory gets rejected or if there is any query (not resolvable) then what will be status of my EB3. Is it going to be retained or is it invaluable
----------------you will be EB3.
My employer has agreed to file my case under EB2 but told me that it's at your risk..
-----------------let him file but your experience gained with same employer does not make you eligible for EB2. Talk to your lawyer.

Please help.

Raj

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