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EB3 priority date to EB2 with same employer

Discussion in 'Visa Bulletin and Priority Dates Retrogression Iss' started by newgcasp, Oct 27, 2006.

  1. newgcasp

    newgcasp Registered Users (C)

    I have been reading this forum closely and I see that there are many experts out on this forum who gives invaulable advices. I don't know if this is been answered before or not, if yes please let me know or please answer this question.

    I would like ask the experts on this forum if it is possible to capture the EB3 priority date to EB2 with the same employer?

    I have EB3 labor with I-140 approved with priority date Feb 2002 and as you all know because of this retrogation EB3 priority dates on not at all moving. I want to apply new GC under EB2 catagory and recapture the EB3 priority date with the same employer.

    I know that we can do this if I move to different employer, Let me know what is my options

    Thank you experts
  2. desi3933

    desi3933 Registered Users (C)

    It is the same procedure. Apply new I-140 with a copy of old approved I-140 with a request to transfer PD. Of course, you need to have new LC approved that qualifies for eb2.
  3. gcin05

    gcin05 Registered Users (C)

    Can we do this with the same employer?

    (refiling labor under EB-2 and using the PD of approved EB-3 labor and I-140)
  4. your_friend

    your_friend Registered Users (C)

    Option 1: This is going to be your best option i.e. apply new EB2 LC thru PERM with your current employer. Once LC is approved, attach your approved EB3 140 copy and apply 140 in premium processing. Once approved apply 485.
    Risk: If your new LC application "denied" not sure what happens to your current LC. **Any ideas folks?**

    Option 2: Assuming there is a risk of deniel, do same through "another employer". It will be safer...Once you get EAD switch to your current employer. Simple...
    Risk: If you get 140 approval by enclosing current approved EB3 140 copy, if EB3 case with your current employer becomes current (impossible :D ... but let us assume happens due to a "miracle"), I heard that you cannot apply for 485 with your current employer, because you used approved EB3 140 with your EB2 140. I am not sure about this risk but this what I read some where in this web site. **Folks is this true? Anybody know answer to this?**

    In any case check with a good attorny for your right options, and consider risks carefully.

    Best of luck.
    Last edited by a moderator: Oct 27, 2006
  5. ysid

    ysid Registered Users (C)

    I read somewhere (guess Oh Law's website) that ammending priority date in I-140 is not the correct way to do it.
    According to him right way is to get two I-140's with different dates and apply I-485 with EB2 140 and copy of EB3 140 requesting them to port date from EB3.

    If some one has followed different approach please let us know. UN, do you have any suggestions? Thanks
  6. dhm2002

    dhm2002 Registered Users (C)

    hi all

    I am trying to see my options if I file for EB2 thru same company.

    the company lawyer has sent the following website and has come up with a suitable designation with which it is possible to apply in EB2


    is this a official website or what?

    also does the designation "name" matters as much as the actual requirements? by that I mean in a large company a "Manager" duties might be same as "Director" duties small company( this is just an example not in reality)

    also since GC is for future, at what point during the process does one actually occupy that position AOS time or after you get GC?

    any input appreciated especially about the website

  7. GCInThisLife

    GCInThisLife Registered Users (C)

    It should be possible, but you cannot use experience with the current employer towards EB2 labor. However, if you are applying for a different position with same employer, you may be able to do it. Check with your lawyer.
  8. dhm2002

    dhm2002 Registered Users (C)

    Yes it will be for different position but I still cannot use the experience I got with the employer right?
    what about the website? know anything? this website was forwarded by the company lawyer.

  9. Boston_GC

    Boston_GC Registered Users (C)

    EB3 to EB2 with new qualification

    I kknow one can't use the experience while working for the company. However, if I added new qualification (like MBA) after applying for EB3, can I use this new qualification to justify for EB2 conversion?
  10. dallasBlue

    dallasBlue Registered Users (C)

    am in same boat, have an EB3 non-rir, pending at BEC with pd March2004

    Graduated with MBA in may 2006.

    Now thinking of filing PERM in EB2;

    can some one please clarify how to retain the old PD. Should we have to have two I-140's certified ? or just send two labors certified ?
  11. nonogc

    nonogc Registered Users (C)

    There is a faq on labor department website regarding under which condition you can use your expereince gained for the company you are serving now. Some of the experience can be used but tricky. Good luck.
  12. meg_z

    meg_z Registered Users (C)

    I am not 100% sure, but do remember there is a spot on the PERM LC application form asking if employer paid for the required education. So if the job requires a certain degree and the employer paid tuitions toward the study for the beneficienary, then there may be issues.

  13. monica1

    monica1 Administrator Staff Member

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