EB2 to EB3

[GC_in_my_mind]

Please clarify:

If my 140/485 EB2 application is denied because of educational/experience technicalities, can I apply in EB3 catogory and if possible, will my RD will be same or I will be at the end of the EB3 line.

 

[GC Guy]

I my 140-485 was rejected on education grounds while it was filed in EB2.

We refiled it in EB3 and it got approved recently.

RD will become filing date in EB3

 

[GC_in_my_mind]

Thanks for the clarification.
Did you use the same labor (EB2).

But now that there is retrogression for EB3, I will then be able to apply only for I-140 right. I dont think my I-485 that was applied with my EB2 I-140 will be anymore valid. I have only one and half year of H1.

 

[GC Guy]

Thanks for the clarification.
Did you use the same labor (EB2).

But now that there is retrogression for EB3, I will then be able to apply only for I-140 right. I dont think my I-485 that was applied with my EB2 I-140 will be anymore valid. I have only one and half year of H1.

Yes , its on the same labor.

I485 becomes invalid once I140 gets rejected. I had to file both.