EB3 to EB2 - I140 reuse ?

F

faranianq

Registered Users (C)
Dear Gurus,

My EB3 case is at the last stage. I have approved I140 and under consular processing I am waiting for the final call for consulate interview. I have submitted packet 3 and paid for visa fee etc. So basically all case is complete and I will be good for interview as soon as the priority date becomes available. My priority date is September 2005. And currently USCIS is processing cases for January 2005.

I have following questions about going for EB2 VS EB3.

My employer agreed to file for me under EB2 category as per my qualifications and experience are equivalent to that. I was qualified for EB2 from the begining but went for EB3 because that was much easier and simpler (or thats what I was told). And in those days there were no backlog in EB3. So, It wasn't any different for me to go for EB3 VS EB2.
But now EB2 is current and EB3 is backloged.

My questions:

- Can I re-use the existing approved I140 from my EB3 case to file for my green card under EB2. In this way I will save filing fee and time for I140 for my EB2.
Basically, I am asking is it possible to say to USCIS that I have I140 approved for EB3 already. So I do not need to file for I140 under EB2 case again. And use the same I140 because my employer is same. ???

- When my I140 is filed under EB2, how that will affect my EB3 case? Would that be cancelled or considered withdrawn? Is this possible to keep both cases open so that I pick the one which ever comes first.?

Thanks.
Faranianq
 
To convert a case from EB3 to EB2 you need another LC / I-140 application. Once the I-140 gets approved, you have to use that in consular porcesssing.
 
manwithnoname,
Thank you for your kind reply.
My other concern is that ... is it possible to keep both cases open at the same time from one employer?
Thanks.
 
You can have 2 I-140, thats no problem. But you can't have 2 I-485s or 2 different consular processings pending at the same time or they will ask you to withdraw one of them.
 
faranianq said:
manwithnoname,
Thank you for your kind reply.
My other concern is that ... is it possible to keep both cases open at the same time from one employer?
Thanks.
Click to expand...

Yes, as long as the EB2 job description is more than 50% different from the EB3's counterpart.
 
nscagony said:
You can have 2 I-140, thats no problem. But you can't have 2 I-485s or 2 different consular processings pending at the same time or they will ask you to withdraw one of them.
Click to expand...

Thank you nscagony,
I already have EB3 consular processing sitting at the last stage of interview and waiting for the final call for consular interview as soon as the priority date becomes available. which is september 2005.

I am planning to apply for labor in EB2. Both cases from the same employer.

What I understood is that I should be fine if I keep both files open and none of these two should affect each other.

Ofcourse If EB3 is approved and I get GC, I will withdraw EB2 case and If I get EAD from EB2 I will withdraw EB3 case.

Am I correct in this plan of action?

Sincerely,
faranianq
 
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