EB2 to EB3 - please help

M

myroles

New Member
I have an approved I-140 under EB2 category from my previous employer. Based on this, I was able to change jobs and the new company filed for my H1B based on I-140 approved. However, the employer is now telling me that they cannot file for my GC under the EB2 category as the job description of my new job qualifies for EB3 and since I already have EB2 I-140 approved it won't make sense to file for my GC. At the same time, my manager is working on job leveling.

I'm very nervous about this situation and want to understand what happens if my priority date for filing for EAD and I-485 becomes current. How much of a risk is this?
 
Since your I-140 is already you don't need to refile I-140 again. when priority date becomes current all you would do is take I-485 supplement J filled up & signed by employer & submit along with your I-485. You need to pick option 1b on supplement J reason for filing. You should be fine as long as new job is same or similar to previously approved I-140 job.
 
Thanks for your reply, so you are saying there is no issue in joining my new employer even though they file it in EB3?
 
Your new employer do not even need to file new I-140. Once priority date becomes current you can file I-485. Follow as I wrote earlier.
 
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