EB3 - > EB2 Answer from Rajiv Khanna

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deepachoudary

Registered Users (C)
I just heard in the call that if you have applied in EB3 and have cleared Labour and I140, you can file a new a new application from scratch in PERM and EB2, clear labour and I140.

So now you are eligible for EB2 dates with your earlier EB3 date.

Kind of confusing......can somebody comment on this. Can i do this all with the same employer.....

Thanks,
Deeps
 
But then dont you have to give up your current EB3 PD since they are implementing 1labor/person? EB2 also is not promising either.
 
well, this is true;
once I140 is cleared, the PD is with the employee.
and you can do it with the same employer as long as there is a legitimate position that qualifies for EB2.
deepachoudary said:
I just heard in the call that if you have applied in EB3 and have cleared Labour and I140, you can file a new a new application from scratch in PERM and EB2, clear labour and I140.

So now you are eligible for EB2 dates with your earlier EB3 date.

Kind of confusing......can somebody comment on this. Can i do this all with the same employer.....

Thanks,
Deeps
Click to expand...
 
Hi
So Rajiv said that if your EB3 LC and I-140 are approved you could with the SAME EMPLOYER file PERM EB2 LC and I-140 (and transfer the EB3'S Priority date onto EB2's I-140) if a position exists. Please confirm on this.
 
485

In this case of EB3 > EB2 conversion, after reapplying LC & I-140 with EB2, do we need to again file I485 even if an existing I485 is pending for over 2 years with an EB3 application.

Thanks
 
With retrogression in effect, lawyers need to find something to get their business going. They just found the current hot idea EB3 to EB2. When a significant amount of people have moved to EB2 , i wouldnt be surprised if it is the reverse.

As long as you keep filing applications and keep the lawyers in business, its all good.
 
EB3 -EB2 conversion

Folks, Please let me know the process to convert EB3 to EB2 category & keep the priority date. I have read numerous discussion that it is possible but I not sure how to do it in my case. My attorney says it may not be possible in my case.
I was working for a company A that processed my GC(EB3), I-140 & I-485 was filed in April 2005. Company B bought the division I was working in June 2005. All the employee who worked in that division moved over to the company B. Subsequently, I-140 application(filed by company A) was approved in Aug-05 & I485 is pending.
Company B started a new GC process & already got the PERM approval & is in the process of filing I-140 application in EB2 category. My old priority date is April 2002.
Please advise me the steps need to be taken to retain the priority date.
 
possible in your case

I guess you can file I-140 under EB2 and after getting approval file for I-485 with priority date of EB3. In this case you need to put all the supporting evidience. This is what I came to know but really not sure how it works. A good attorney should be able to guide you. But I strongly believe yours is strong case.

All the best.
 
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