EB3 I-140 approved. can i change to EB2 for I-485?

[pskumarweb]

Hi,

i was eligible for Eb2 but my employer refused to file under Eb2 at that time and file under EB3 category and i received I-140 approval before few months.

Now can i apply for I-485 under EB2 by providing eligible documents? will be eligible for that? or should i need to start the process all over to be eligible for EB2 category?

 

[vectorP]

You can not apply for I-485 under EB-2 by providing eligible documents, based on the approved EB-3 labor certification.

You can start EB-2 labor certification, and use the previous priority date to apply for I-140/I-485: borrow the priority date from the EB-3 PERM labor certification application to file the EB-2 based I-140/I-485 applications.

Please see http://www.greencardapply.com/question/question06/question06_0801.htm

 

[pskumarweb]

Thanks Vector, Actually im planning to change the employer, is that possible for me to do with your above mentioned steps?

 

[vectorP]

YOu can change the employer, and still should be able to "use the previous priority date to apply for I-140/I-485: borrow the priority date from the EB-3 PERM labor certification application to file the EB-2 based I-140/I-485 applications.
"

 

[pskumarweb]

Thanks Vector.

 

[antonio2009]

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[antonio2009]

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