EB3 to EB2 , PD 12/06, Lost job From 01/09 to 01/10

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dm79

Registered Users (C)
Hello All,

Please help me with my dilemma.

I want to upgrade my case from EB3 to EB2. My Priority date is 12/06. I was on job till 01/09 then got laid off and now am on job since 02/10.

Do you think i might have problem if i upgrade from EB3 to EB2? Is it a good idea to upgrade since EB3 waiting period is too long. I am eligible to apply for EB2 category.

Please Guru's help me by answering my questions.

THanks a lot in advance. :)
 
dm79 said:
Yes.He is ready to file for my labor again.
Click to expand...
if new emplyer file LC for you then he has to file I-140 for you. if your I-485 based on EB3 is Filed and Pending then you will be having A# on your I-485 reciept and write that A# on second I-140 form.
Once Second I-140 gets approved you can make a request to INTERFILE the Seconfd I-140 with pending I-485.
If EB3 based I-485 not pending then Recapture the PD at the time of filing second I-140.
*** FYI if employer is same who filed EB3 and now want to file EB2 LC then the experience gained with same employer is not counted for EB2 . Talk to your company lawyer for more info
 
dm79 said:
Yes.He is ready to file for my labor again.
Click to expand...

But the time frame i did not have job will that reflect if i upgrade to EB2? I want to be careful.

I mean to say is tehre any way the USCIS people come to know that i did not have job for a year.
 
dm79 said:
But the time frame i did not have job will that reflect if i upgrade to EB2? I want to be careful. I mean to say is tehre any way the USCIS people come to know that i did not have job for a year.
Click to expand...

They'll come to know, one way or another. Do you have a pending I-485? Are you in status?
 
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