EB3 - EB2 conversion
- Thread starter sr2610
- Start date
ravi2patel
Registered Users (C)
this is what my lawyer said to the question of converting from EB3 to EB2:
"No, even at the labor certification stage we would have to re-file a new
petition, start all over. EB2 is also backlogged at this time."
I don't follow earlier poster as to how you can keep your PD when you file a labor in a different catagory. I was able to keep mine because my original EB RIR matched with the PERM EB catogory.
"No, even at the labor certification stage we would have to re-file a new
petition, start all over. EB2 is also backlogged at this time."
I don't follow earlier poster as to how you can keep your PD when you file a labor in a different catagory. I was able to keep mine because my original EB RIR matched with the PERM EB catogory.
HOPE_GC_SOON
Registered Users (C)
Need some Help.
Guys:
Thanks for the Great Help you guys are extending. There is nothing like sharing information among the people. Just wanted to thank you all for the tremendous efforts you are putting to reach the dream destination.
I would like to seek your expert advice. I have EB3 filed during Nov04. and subsequently EB2 filed under PERM during Oct 2005. Got EB2 cleared and I140 cleared in Feb 2006. The EB3 which was sent to Backlog center was also cleared during this week.
My Question is: What would be the Priority Date for filing 485, based on the cleared I140??. Should I have to wait to get Oct.2005 EB2 date as current. OR Is there any procedure, by which I can invoke my cleared EB3 priority date of Nov 2004. (which is cleared and hope wont be substituted, with the proposed new rules) as the PD for filing 485.
I am New to this extremely useful site and Appreciate your valuble suggestions/ help.
thanks
puhrince said:
Guys:
Thanks for the Great Help you guys are extending. There is nothing like sharing information among the people. Just wanted to thank you all for the tremendous efforts you are putting to reach the dream destination.
I would like to seek your expert advice. I have EB3 filed during Nov04. and subsequently EB2 filed under PERM during Oct 2005. Got EB2 cleared and I140 cleared in Feb 2006. The EB3 which was sent to Backlog center was also cleared during this week.
My Question is: What would be the Priority Date for filing 485, based on the cleared I140??. Should I have to wait to get Oct.2005 EB2 date as current. OR Is there any procedure, by which I can invoke my cleared EB3 priority date of Nov 2004. (which is cleared and hope wont be substituted, with the proposed new rules) as the PD for filing 485.
I am New to this extremely useful site and Appreciate your valuble suggestions/ help.
thanks
HOPE_GC_SOON,
none of your PD's are current now, and we cant estimate which one will become current first. I think it's better to wait for another 6 months and see which one will move fast enough and then decide
In the mean time, just make sure that your employer wont use your eb3 labor for somebody else
-SR
none of your PD's are current now, and we cant estimate which one will become current first. I think it's better to wait for another 6 months and see which one will move fast enough and then decide
In the mean time, just make sure that your employer wont use your eb3 labor for somebody else
-SR
I have a relevant question on the same lines:
If I change job after I-140 is approved (with Oct 2001 PD EB3 India), can I apply
Perm labor with new employer under EB2 and still use the old PD (Oct 2001)
irrespective of whether my old employer re-used my labor for someone else in
the old company?
If I change job after I-140 is approved (with Oct 2001 PD EB3 India), can I apply
Perm labor with new employer under EB2 and still use the old PD (Oct 2001)
irrespective of whether my old employer re-used my labor for someone else in
the old company?
guys advice me pls. i am with same employer,he filed for me under eb-3 with substituted labour of 2002 oct .my i-140 approved.then recently filed eb-2 under perm.now if my labour gets cleared and i apply for i-140 once approved can i use old pd of eb-3 for eb-2 i-485?
marlon2006
Registered Users (C)
"once immigrat reform bill passes in senate":
Whoever posts that on immigration-law must be the most naive lawyer around. Keep on dreaming.
Whoever posts that on immigration-law must be the most naive lawyer around. Keep on dreaming.
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.
Simple case made complicated by lawyer.
I have Masters and 5 years of work experience before I joined present company in 2001. My job required BS + 5 years of experience. My labor got approved. Some how my lawyer filed my I140 in Dec 02 under EB3 even though I was eligible for EB2. My 140 got approved and 485 was filed in March 03
Since then I have been submitting my finger print and applying for EADs and APs.
It was during recent conversation, I found that my 140 was applied under EB3, now lawyer says that they I should reapply 140 under EB2
My question is:
1) Is it safe to apply I140 again under EB2? (I do not need labor/Perm).
2) What are the advantages?
3) What are disadvantages?
4) Do I carry my 485 date?
I did not get approval when priority dates were current (before retrogression), then what's the point of repeating this process? (You can sense my frustration).
I will really appreciate your feedback/comments.
I have Masters and 5 years of work experience before I joined present company in 2001. My job required BS + 5 years of experience. My labor got approved. Some how my lawyer filed my I140 in Dec 02 under EB3 even though I was eligible for EB2. My 140 got approved and 485 was filed in March 03
Since then I have been submitting my finger print and applying for EADs and APs.
It was during recent conversation, I found that my 140 was applied under EB3, now lawyer says that they I should reapply 140 under EB2
My question is:
1) Is it safe to apply I140 again under EB2? (I do not need labor/Perm).
2) What are the advantages?
3) What are disadvantages?
4) Do I carry my 485 date?
I did not get approval when priority dates were current (before retrogression), then what's the point of repeating this process? (You can sense my frustration).
I will really appreciate your feedback/comments.
EB2; One employer, one employee, startup cmpany
ADs for my PERM application was for EB3 and it is approved, I-140 is not filed. Because of lengthy wait for EB3, I am considering to refile from scratch for PERM with EB2 through a new employer. A friend of mine has agreed to open a company for processing my green card. If the employer has just one employee and is a startup, will it be a problem for green card approval through EB2?
If any one has got green card through EB2 with one employee, sartup company, please respond.
Thanks a lot!
Roopa
ADs for my PERM application was for EB3 and it is approved, I-140 is not filed. Because of lengthy wait for EB3, I am considering to refile from scratch for PERM with EB2 through a new employer. A friend of mine has agreed to open a company for processing my green card. If the employer has just one employee and is a startup, will it be a problem for green card approval through EB2?
If any one has got green card through EB2 with one employee, sartup company, please respond.
Thanks a lot!
Roopa
eb3 to eb2
I feel its not appropriate to post such questions here on this forum.
You friend is going to start a company so that you can apply under EB2!
The sole purpose of this "company" will be your EB2!
I beleive that is exactly the kind of attitude that is wrong in this full GC process. We talk about highly skilled etc etc.....
This forum and people requesting CIR must stand up to what is appropriate and just. That includes discouraging "bending" the system. You want america to respect you for your "high skills" act as such. Thanks to the attitude seen here the system has clogged.
I feel its not appropriate to post such questions here on this forum.
You friend is going to start a company so that you can apply under EB2!
The sole purpose of this "company" will be your EB2!
I beleive that is exactly the kind of attitude that is wrong in this full GC process. We talk about highly skilled etc etc.....
This forum and people requesting CIR must stand up to what is appropriate and just. That includes discouraging "bending" the system. You want america to respect you for your "high skills" act as such. Thanks to the attitude seen here the system has clogged.
doc14
i don't know if someone has already answered this for you yet or not...but the answer is yes. if you have 2 or more approved 140s, you can transfer the old pd to your new case when applying for the 485. you will need to append both approved 140s when sending the application.
i don't know if someone has already answered this for you yet or not...but the answer is yes. if you have 2 or more approved 140s, you can transfer the old pd to your new case when applying for the 485. you will need to append both approved 140s when sending the application.
doc14 said:
Why are you guys taking risk of trying to move from EB3 to EB2. Do you think moving to EB2 will clear you out of retrogression. I agee that EB3 PD is moving slow but it is worth a wait. I think once they move ahead of apr 2001 things should jump. Is it worth the time/effort to refile with I140 & what if you get stuck/rejected at some point further. You will have neither have old one or the new one. USCIS is very unpredictable & things can change drastically.....just my 2 cents...rest left to you