EB3 to EB2 Change Criterias

[Jarhead]

I'm currently filed under EB3 and I'm wishing to change my status from EB3 filing to EB2 filing. What are the criterias involved to qualify for changing the filing category.

I read some posts and they all seemed a little ambigous.

I have a PD of Nov 2002 under EB3, India. As a way to get a speedy approval, I want to file under EB2 since my PD is current under EB2. What do I need to do in order to get qualified for this filing category. Any help is appreciated.

Thanks
A

 

[ginnu]

I'm currently filed under EB3 and I'm wishing to change my status from EB3 filing to EB2 filing. What are the criterias involved to qualify for changing the filing category.

I read some posts and they all seemed a little ambigous.

I have a PD of Nov 2002 under EB3, India. As a way to get a speedy approval, I want to file under EB2 since my PD is current under EB2. What do I need to do in order to get qualified for this filing category. Any help is appreciated.

Thanks
A

let your new employer file new LC in EB2 and then I-140

 

[Jarhead]

let your new employer file new LC in EB2 and then I-140

Would this make the process any faster? This will mean that my current PD will be in 2007 and currently they are processing cases from 2003. Will that be the case or am i completely off the mark?

 

[ginnu]

Would this make the process any faster? This will mean that my current PD will be in 2007 and currently they are processing cases from 2003. Will that be the case or am i completely off the mark?

when you file second I-140 ask your lawyer to recapture early PD of Nov 2002 then your I-485 will be processed based on PD of 2002

 

[chikkad2000]

Layoff when I-485 Pending

I am a Civil Engineer with a Ph.d.
Filed for GC in EB-3 in December 2001.
My priority date is Jan 9, 2002.

I-140 approved in May 2005.
I-485 filed and pending since January 2004.
I-485 recently transferred from VSC to TSC in March 2007.

I am with the same employer since 2001.

Changed to EAD before 8th year H-1B expired in October 2006.

With the slump in housing market, work is slow these days.

I have two questions:

1) Will I be out of status if my employer lays me off ?? and what recourse do I have ?
Can I be in the US and search for another job on EAD if I get laid off?

I think I can at least convince my employer not to withdraw my I-140 and I-485 petitions.

2) Now that I have gained experience in the last 6 years, can I upgrade my EB-3 filing to EB-2?
If it is possible to upgrade from EB-3 to EB-2, can I retain the priority date of January 2002.

Your feedback will be greatly appreciated.

Thank You - Chikkad

 

[TheRealCanadian]

Will I be out of status if my employer lays me off ?? and what recourse do I have ?

You will remain in status so long as your I-485 remains pending. You have no recourse unless the terms of your employment provide it.

Can I be in the US and search for another job on EAD if I get laid off?

Absolutely.

I think I can at least convince my employer not to withdraw my I-140 and I-485 petitions.

Your employer cannot withdraw your I-485 petition, only the I-140.

Now that I have gained experience in the last 6 years, can I upgrade my EB-3 filing to EB-2?

Only if you start from scratch with a new employer and a new LC.

If it is possible to upgrade from EB-3 to EB-2, can I retain the priority date of January 2002.

Most likely.