EB3 - EB2 conversion

S

sr2610

Registered Users (C)
Guys,
After looking at April Visa bulletin, looks like EB3 wont move fast enough and it will stuck some where in April 2001.

I am exploring following options, please share if you have any exposure.

1) Apply for a new labor under EB2 which can carry old PD - ruled out(not possible with same employer)

2) Apply for an amendment with DOL to change your labor from EB3 to EB2( I am not sure how it works, i noticed in some forums)

3) Reapply 140 under EB2, by claiming your experience,etc. You might get an RFE or rejected, but it's worth giving a try(Got this from other threads/forums)

4) Apply for a new EB2 labor with new employer by carrying old PD (I think this is possible if your labor and 140 is approved with old employer), but not sure about changing carrying a EB3 PD and apply under EB2.

Thanks,
-SR
EB3 Labor - PD 11/2002
140 approved
 
Hi, I am exploring similar options. see my comments on your options.
sr2610 said:
Guys,
After looking at April Visa bulletin, looks like EB3 wont move fast enough and it will stuck some where in April 2001.

I am exploring following options, please share if you have any exposure.

1) Apply for a new labor under EB2 which can carry old PD - ruled out(not possible with same employer). Why is ruled out? I was thinking we can do that but haven't found concrete information to support my opinioion either way.
2) Apply for an amendment with DOL to change your labor from EB3 to EB2( I am not sure how it works, i noticed in some forums). Since we can't amend PERM after it is filed this option is ruled out. However if your labor is pending at backlog center, I personally think it is better to file new EB2 application under PERM since no one knows when DOL clears the backlog.

3) Reapply 140 under EB2, by claiming your experience,etc. You might get an RFE or rejected, but it's worth giving a try(Got this from other threads/forums) > this is definetly worth a try since you got nothing to loose.

4) Apply for a new EB2 labor with new employer by carrying old PD (I think this is possible if your labor and 140 is approved with old employer), but not sure about changing carrying a EB3 PD and apply under EB2.

I read some where that PD can be transferred between any EB catogories.
The caveat is that old employer shouldn't pull the plug on approved 140. you can keep the PD if you use AC21 but not if you are using another labor(in this case your new EB2 labor). I would wait until lab substitution is eliminated before you make this move since your employer will not have any incentive to pull your 140 when you leave him as he can't substitute old labor(unless he wants to take revenge on you).

Thanks,
-SR
EB3 Labor - PD 11/2002
140 approved
Click to expand...
 
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Thanks for the reply Rak! Here are my answers,

#1. I think DOL put a policy, one employer - one employee - one labor..
you cannot apply for multiple i think...even though if you can apply , i am sure that you cannot carry a PD of old labor...

#2. Yes, it's still a chance for guys whose labor is pending with BPC's. Mine is already approved from BPC, i dont think i can apply for a ammendment :(

#3. I need to get some more details on this

#4. I am lucky in atleaset this case, i work for a consulting company and in very good terms with them.

My lawyer is a #$%#@$, I am trying to get more details from forums, friends.
I will post all details in next week, in case of any progress.

-SR
 
I am in the similar situation and thinking about changing to EB2 from EB3. My labor (PERM) is approved and I-140 is pending. I have 4 1/2 years of full time experience and about 18 months of internship experience. You add that up and I should qualify for EB2 but my company's lawyer said that internships don't count and hence she has to file EB3. Do you guys agree with that? I don't. Has USCIS ruled that internships don't count?

Now that EB3 PD is moving so slow, I am thinking about asking my employer to re-file another labor such that I'll qualify for EB2. If the employer agrees, they also will have to re-file my I-140. Do you guys think this is possible assuming that employer agrees?

Please someone say yes cause I am really counting on it :).

If they do file new labor, does the old one still remains valid?
 
more info from Murthy's chat last week..
Chat User : If a person gets an I-140 approval and is laid off after that and the company withdraws the green card application, can the person still keep the priority date?

Attorney Murthy : Generally, a person is allowed to use the earlier priority date even after the employer wishes to use the underlying LC for another employee. The exceptions to using the earlier PD generally have to do with fraud-related issues, though the regulations refer to the I-140 petition revocation also as being a reason not to be able to use the earlier PD. Generally, USCIS policy seems to have allowed the use of the earlier PD if a request is made to the U.S. with the new I-140 filing.

Chat User : If I file for PERM EB2, can I use the PD of my EB3 RIR labor, or do I have to go with PERM EB3 to use the PD of my EB3 RIR?

Attorney Murthy : In order to be able to transfer the earlier PD to a new PERM filing, the earlier PERM must be approved, then the I-140 petition filed under the new PERM case, and then the I-140 petition approved. Only upon the I-140 approval, does one have the ability to carry that date to a future LC and I-140 filing.
 
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GCard_Dream,

Your case is possible. I am in the same situation. Here is my scenario.

EB3 RIR PD - 12/03, APPRD LABOR - 12/05
EB2 PERM PD - 08/05, APPRD LABOR - 12/05
I140 EB3 PD - 02/06, APPRD I140 - 03/06

My attorney says I can file my I140 for PERM and I can get the priority date of RIR EB3 which is 12/03. Since I have PERM approved for EB2, I am going to file my I140 under it so I will jump 1.5 years ahead on the priority date.

I hope everything works out, But for sure you can apply another labor with same employer but under different category. My whole PERM process took 10 months because intitally it took some time to file. My PERM was approved in 4 months after it was filed.

-Thanks

-PAYOOR


GCard_Dream said:
I am in the similar situation and thinking about changing to EB2 from EB3. My labor (PERM) is approved and I-140 is pending. I have 4 1/2 years of full time experience and about 18 months of internship experience. You add that up and I should qualify for EB2 but my company's lawyer said that internships don't count and hence she has to file EB3. Do you guys agree with that? I don't. Has USCIS ruled that internships don't count?

Now that EB3 PD is moving so slow, I am thinking about asking my employer to re-file another labor such that I'll qualify for EB2. If the employer agrees, they also will have to re-file my I-140. Do you guys think this is possible assuming that employer agrees?

Please someone say yes cause I am really counting on it :).

If they do file new labor, does the old one still remains valid?
Click to expand...
 
Please give your suggestion

My EB3 RIR 11/03 pending in F*BEC & My PERM EB3 approved June 05. Can I file a new EB2 with the same company ?

Please share your thoughts

Thanks

:(



GCard_Dream said:
I am in the similar situation and thinking about changing to EB2 from EB3. My labor (PERM) is approved and I-140 is pending. I have 4 1/2 years of full time experience and about 18 months of internship experience. You add that up and I should qualify for EB2 but my company's lawyer said that internships don't count and hence she has to file EB3. Do you guys agree with that? I don't. Has USCIS ruled that internships don't count?

Now that EB3 PD is moving so slow, I am thinking about asking my employer to re-file another labor such that I'll qualify for EB2. If the employer agrees, they also will have to re-file my I-140. Do you guys think this is possible assuming that employer agrees?

Please someone say yes cause I am really counting on it :).

If they do file new labor, does the old one still remains valid?
Click to expand...
 
I think you guys are thinking too much - I have I140 approved with EB2 through PERM in seven weeks - my I140 approved with Eb3 within 7 days and I shall retain my Eb3 priority date towards Eb2 485. Guess what i am with a same employer.
 
your Both labor under PERM?


jairam5 said:
I think you guys are thinking too much - I have I140 approved with EB2 through PERM in seven weeks - my I140 approved with Eb3 within 7 days and I shall retain my Eb3 priority date towards Eb2 485. Guess what i am with a same employer.
Click to expand...
 
EB3 might be faster down the line

On immigratin-law.com breaking news its mentioned that it worth waiting for filing EB3140 as it might mve mre faster once immigrant refrom bill passes in senate. Also, was mentioned that the same case happened with China once.. when dates for Eb2 were retrogessed. ;)
 
Can you give us more details? did you carry over the priority date of old eb3 labor to new eb2 labor/140?


jairam5 said:
I think you guys are thinking too much - I have I140 approved with EB2 through PERM in seven weeks - my I140 approved with Eb3 within 7 days and I shall retain my Eb3 priority date towards Eb2 485. Guess what i am with a same employer.
Click to expand...
 
we cannot rely on reform bills, it might take longer time than expected.
I raised this question/ started the thread for people who got eb3 labor with 2002 or 2003 PD's. By looking at current prioirty dates movement, it will be a great win if we can convert to eb2.

checkmate said:
On immigratin-law.com breaking news its mentioned that it worth waiting for filing EB3140 as it might mve mre faster once immigrant refrom bill passes in senate. Also, was mentioned that the same case happened with China once.. when dates for Eb2 were retrogessed. ;)
Click to expand...
 
Is there any way we can convert an EB3 (RIR)11/03 pending in PBEC to EB2 ?

No 45 day letter yet


sr2610 said:
we cannot rely on reform bills, it might take longer time than expected.
I raised this question/ started the thread for people who got eb3 labor with 2002 or 2003 PD's. By looking at current prioirty dates movement, it will be a great win if we can convert to eb2.
Click to expand...
 
no

i ahve asked at least 4 lawyers...there is no way for conversion since labor is applied based on eb category..if u wnt a new category..u have to file a new labor
 
Guys... we are talking about different ways of switching to eb2 by carrying over the OLD prioirty date(of eb3 labor)..
if you just applied for another labor with out taking advantage of old PD, then it's different case...

jairam5 said:
Eb3 labor approved with backlog processing and Eb2 with Perm
Click to expand...
 
as indicated in my earlier post which had a link, simpy put, u can file for EB2 labor and I-140 - once both are approved, u can use ur EB3 PD for the EB2 case...it has been done and I have seen it done.
 
sr2610 said:
Guys,
After looking at April Visa bulletin, looks like EB3 wont move fast enough and it will stuck some where in April 2001.

I am exploring following options, please share if you have any exposure.

1) Apply for a new labor under EB2 which can carry old PD - ruled out(not possible with same employer)

2) Apply for an amendment with DOL to change your labor from EB3 to EB2( I am not sure how it works, i noticed in some forums)

3) Reapply 140 under EB2, by claiming your experience,etc. You might get an RFE or rejected, but it's worth giving a try(Got this from other threads/forums)

4) Apply for a new EB2 labor with new employer by carrying old PD (I think this is possible if your labor and 140 is approved with old employer), but not sure about changing carrying a EB3 PD and apply under EB2.

Thanks,
-SR
EB3 Labor - PD 11/2002
140 approved
Click to expand...
One idea: Go to school. Reapply for GC as a Nurse.
 
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