EB3 to EB2 conversion

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bhand11683

Registered Users (C)
My LC was filed in Aug 2003 as (bachelors + 5 years) and hence forth approved in 2006.My lawyer incorrectly filed my I-140 under Eb3 and I got my 140 approved and 485 filed in 2007. My spouse and I have been on EAD for the last 2 years.

My lawyer contacted me a couple of days ago and said if we file a new I-140 under EB2 with premium processing it will be approved under a month. We can then file a 485 and can get approved really fast as EB2 India priority dates are Jan 05 currently. That sums to a GC in a few months.

He is asking for 1800$ fees for all this and another $4000 USCIS filing fee.

Here are my questions

1) Is this even possible ?
2) I am keeping the same job
3) What are the risks ?
4) What do you recommend .
 
bhand11683 said:
My LC was filed in Aug 2003 as (bachelors + 5 years) and hence forth approved in 2006.My lawyer incorrectly filed my I-140 under Eb3 and I got my 140 approved and 485 filed in 2007. My spouse and I have been on EAD for the last 2 years.

My lawyer contacted me a couple of days ago and said if we file a new I-140 under EB2 with premium processing it will be approved under a month. We can then file a 485 and can get approved really fast as EB2 India priority dates are Jan 05 currently. That sums to a GC in a few months.

He is asking for 1800$ fees for all this and another $4000 USCIS filing fee.

Here are my questions

1) Is this even possible ?
2) I am keeping the same job
3) What are the risks ?
4) What do you recommend .
Click to expand...

You need PD current for EB2 to apply for I485 which is not the case. Applying for I140 premium or not, even approval in the ame day you send the application will not make dates available for you.
 
Before filing the new I-140, you may need to file a new labor certification, because under the new rules implemented in 2007 the I-140 must be filed within 180 days of labor approval. Check with the lawyer if that is the case. Maybe if the filing of the original I-140 is considered to have kept the labor "alive" for this purpose, you wouldn't have to file another labor.

Whether you need a new labor or not, when the new I-140 is filed you'll be able to port the old priority date, and that old date is current for EB2.
 
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