I need some advise on EB3 to EB2 priority date transfer and related procedures.
I have approved 140 for a labor substitute w/ PD of 2002. I485 is pending and Iam working on EAD.
My company attroney had applied for my own RIR labor in EB2 (before PERM) in Arpil 2004. It got approved in May 2006 from one of the BEC.
NOTE: Both substitue-EB3 and own-EB2 labor were for same/similar positions (System Analyst) in the same company.
Question:
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1) Can I apply for I-140 with my new EB2 labor and transfer the EB3 priority date to this new I-140?
2) If yes (for the above question), is there a need to file a new I-485 application or can we use the old I-485?
3) Does filing a new I-140 effect our current EADs or APs as we are working on EADs?
Please let me know if you see any other risks related to this process.
Immig gurus, please comment!
Thanks in advance for your help!
I have approved 140 for a labor substitute w/ PD of 2002. I485 is pending and Iam working on EAD.
My company attroney had applied for my own RIR labor in EB2 (before PERM) in Arpil 2004. It got approved in May 2006 from one of the BEC.
NOTE: Both substitue-EB3 and own-EB2 labor were for same/similar positions (System Analyst) in the same company.
Question:
-----------
1) Can I apply for I-140 with my new EB2 labor and transfer the EB3 priority date to this new I-140?
2) If yes (for the above question), is there a need to file a new I-485 application or can we use the old I-485?
3) Does filing a new I-140 effect our current EADs or APs as we are working on EADs?
Please let me know if you see any other risks related to this process.
Immig gurus, please comment!
Thanks in advance for your help!
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