EB3 pending, start another EB2?

[activex111]

Hi Gurus ,
I need some advice here. I have a pending EB3 application with PD 5/2003. My company offered me to file another EB2 for me, since recently i got promotion (in the same dept). The lawyer says that they will file EB2 and then use PD from EB3 to file new 485. The new process will take another 9-12months to reach 485 stage. The rational is that if the PD for my EB3 does not become current in 2009, then hopefully EB2 will be reach there.
- Will it hurt in any way my current application?
- is it worth a taking a chance with EB2?

Thanks in advance.. Please weigh in!!!

 

[vj66321]

Once your EB-2 140 gets approved. you should be able to port your EB-3's PD (date) to your new EB-2.

Now your EB-2 will have PD as your EB-3.

if EB3 pd was 5/2006 , your EB 2 will have this date as your PD.

When EB 2 PD is 5/2006 , you should be able to file a new 485.

I dont think you can do anything with your EB 3 485, you will have to cancel it.

This is my understanding, lets hear from others.

 

[ginnu]

Once your EB-2 140 gets approved. you should be able to port your EB-3's PD (date) to your new EB-2.
---------------------correct and dont forget you write your A# on second I-140 form(your A# is on I-485 filing reciept)

Now your EB-2 will have PD as your EB-3.

if EB3 pd was 5/2006 , your EB 2 will have this date as your PD.
----------------------------Lawyer need to write on cover letter to recapture PD of EB3 by providing copy of EB3 I-140 approval notice to USCIS

When EB 2 PD is 5/2006 , you should be able to file a new 485.
-------------------If I-485 that is filed and Pending then no need to file second I-485. Lawyer can make a request to INTERFILE the EB2 I-140 approval with pending I-485 and can request to approve the pending I-485 approved on the base of EB2 I-140 approval and can also send employer job offer letter to be attached with pending I-485

I dont think you can do anything with your EB 3 485, you will have to cancel it.
--------------------no need to cancel or withdraw pending I-485. with pending I-485 he is eligible for AC21 , EAD AP and H1 extensions.
This is my understanding, lets hear from others.

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[vj66321]

Thanks Ginnu.

 

[Jackolantern]

- Will it hurt in any way my current application?

No, not as long as you keep the EB3 one alive until the EB2 is approved. But bear in mind that it can be difficult to get approved for EB2 with the same employer, if you did not have the experience/education to qualify for EB2 before joining this employer. They usually count experience with the same employer as zero, unless you satisfy certain ifs and buts and maybes. Hopefully the lawyer has explained this to the company and will explain the details to you, and isn't just trying to make some extra money.

- is it worth a taking a chance with EB2?

Sure, why not? Unless you are spending the lawyer money to do it.

 

[activex111]

Thanks Ginnu.
Thats what the lawyer sugegsted that they will interfile new I140 with pending I485.
You mentioned that they will have to attach offer letter, however, my previous EB3 was with the same company, so there is no another offer letter. Will that be an issue?

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[activex111]

Thanks Jackolantern,
I am on same job for more than 7 years, so most of the stuff that is primary for my current job function is gained in last 7 yrs. However, i did have the MS degree and more than 5 yrs experience before joining this company.
if they do not look at the experience gained at the same company, then bottom line is that i filed in EB3 for the same experience prior to this job and now filing EB2!! i would appreciate if you could give some pointers about those "ifs and buts" you mentioned which needs to be satisfied.. Thanks again..

No, not as long as you keep the EB3 one alive until the EB2 is approved. But bear in mind that it can be difficult to get approved for EB2 with the same employer, if you did not have the experience/education to qualify for EB2 before joining this employer. They usually count experience with the same employer as zero, unless you satisfy certain ifs and buts and maybes. Hopefully the lawyer has explained this to the company and will explain the details to you, and isn't just trying to make some extra money.

Sure, why not? Unless you are spending the lawyer money to do it.

 

[ginnu]

Thanks Ginnu.
Thats what the lawyer sugegsted that they will interfile new I140 with pending I485.

You mentioned that they will have to attach offer letter, however, my previous EB3 was with the same company, so there is no another offer letter. Will that be an issue?
--------------------------If your second I-140 is filed with different job title and skiils then company should submit new job offer letter with new job title on it.

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[adnane]

EB2 visa can i apply

Hi everybody,

I m new on the forum, i would like to know if i can apply for EB2 visas knowing that:

I have master degree in chemestry 2008
4 yeras 8 month expérience.

thanks for your support.

 

[Jackolantern]

Hi everybody,

I m new on the forum, i would like to know if i can apply for EB2 visas knowing that:

I have master degree in chemestry 2008
4 yeras 8 month expérience.

Probably yes, if the job requires a masters degree and you had the degree and the required experience before working for the sponsoring employer.