EB3 to EB2 while 485 in pending for 2 years

A

aj_gc

Registered Users (C)
Hello friends,
Is it possible to change from EB3 to EB2 when 485(pending for more than 2 years) is pending? And how it can be done? I know how to capture PD when 485 is not applied.
Please share your experiences/knowledge.
Details of my case:
EB3 - PD Nov2003
Applied 485/140 concurrently
140 approved
Has EAD/AP

Thanks in advance
 
aj_gc said:
Hello friends,
Is it possible to change from EB3 to EB2 when 485(pending for more than 2 years) is pending? And how it can be done? I know how to capture PD when 485 is not applied.
Please share your experiences/knowledge.
Details of my case:
EB3 - PD Nov2003
Applied 485/140 concurrently
140 approved
Has EAD/AP

Thanks in advance
Click to expand...
----------- let the employer file EB2 LC once LC gets approved file I-140 and once I-140 gets approved, request the USCIS to Interfile New I-140 with pending I-485 by providing copy of new I-140 approval notice make request to approve the pending I-485 based on new I-140(you also need to send job offer letter from employer who filed I-140)
 
Hi Ginnu

Here is my situation.
My current company filed my GC for EB3 in March 2002. My LC & I-140 get approved by now. But I can not apply for the I-485 due to unavailability of PD.

Can I apply for GC with another company which had given me a job offer & agreed to process my GC as EB2 ?

Can I apply for my GC in EB2 in perm & take the earlier priority date?
 
toughlabor said:
Hi Ginnu

Here is my situation.
My current company filed my GC for EB3 in March 2002. My LC & I-140 get approved by now. But I can not apply for the I-485 due to unavailability of PD.

Can I apply for GC with another company which had given me a job offer & agreed to process my GC as EB2 ?
----------- Yes, let them file LC in EB2
Can I apply for my GC in EB2 in perm & take the earlier priority date?
---------- employer can file new LC in EB2 but earler PD can only be claimed when filing second I-140, talk to your lawyer when file second I-140
Click to expand...
 
Question on EAD - while PD tranfer of Eb3 to EB2

Hi Gunnu,

I read your post and are very helpful. As per ypur previous post one can change the PD of EB3 to EB2 even when the I-485 in EB3 was filed a long back.

My Details:
EB3 - PD 08/2002.
I-140 Approved and Pending 485(filed on 04/2004)

Now I am with a diff employer and thinking of filing in EB2. My question is I was laid of with the employer who filed my GC on Dec 31st 2004, from then I was working on my EAD. Appplied for my 4th EAD on 10/15/06, what happens to my EAD when I tranfer my pending I-485 from EB3 to EB2(Assume Labor and I-140 got approved in EB2)

Will my EAD are invalid. Do I have to refile my EAD application again from the employer who filed my new i-140. so far I havent filed AC21 with USCIS??
 
I don't know if Eb3 to EB2 is at all possible. If possible I am sure the following criteria would have to be met:

1. Original labor must satisfy EB2 requirements, i.e. the wage and qualification requirements mentioned in the LC must satisfy EB2 requirements.
2. The old I-140 must not have been revoked.
3. You cannot "convert" existing I-485 to EB2. A new one must be filed.

Also, I don't think you can file a new EB2 labor and use the old EB3 labor's PD. The two applications are different.


bronxboy said:
Hi Gunnu,

I read your post and are very helpful. As per ypur previous post one can change the PD of EB3 to EB2 even when the I-485 in EB3 was filed a long back.

My Details:
EB3 - PD 08/2002.
I-140 Approved and Pending 485(filed on 04/2004)

Now I am with a diff employer and thinking of filing in EB2. My question is I was laid of with the employer who filed my GC on Dec 31st 2004, from then I was working on my EAD. Appplied for my 4th EAD on 10/15/06, what happens to my EAD when I tranfer my pending I-485 from EB3 to EB2(Assume Labor and I-140 got approved in EB2)

Will my EAD are invalid. Do I have to refile my EAD application again from the employer who filed my new i-140. so far I havent filed AC21 with USCIS??
Click to expand...
 
rollingstone said:
I don't know if Eb3 to EB2 is at all possible. If possible I am sure the following criteria would have to be met:

1. Original labor must satisfy EB2 requirements, i.e. the wage and qualification requirements mentioned in the LC must satisfy EB2 requirements.
------------one can file new LC in EB2 and once I-140 gets approved under EB2 one can interfile the newI-140 with pending I-485
2. The old I-140 must not have been revoked.
----------if employer revoked it is not a problem, if USCIS revoked under sections 204(e) or 205 of the Act then problem
3. You cannot "convert" existing I-485 to EB2. A new one must be filed.
------------wrong, one can interfile second I-140 approval notice copy with pending I-485
Also, I don't think you can file a new EB2 labor and use the old EB3 labor's PD.
-----one CAN
The two applications are different.
--------- not a problem both are Employment based petitions, EB2 or EB3 does not matter.

Retention of section 203(b)(1), (2), or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
*** read/search for PEARSON MEMO of May 9,2000
Click to expand...
 
bronxboy said:
Hi Gunnu,

I read your post and are very helpful. As per ypur previous post one can change the PD of EB3 to EB2 even when the I-485 in EB3 was filed a long back.
------------- that is correct

My Details:
EB3 - PD 08/2002.
I-140 Approved and Pending 485(filed on 04/2004)

Now I am with a diff employer and thinking of filing in EB2. My question is I was laid of with the employer who filed my GC on Dec 31st 2004, from then I was working on my EAD. Appplied for my 4th EAD on 10/15/06,

what happens to my EAD when I tranfer my pending I-485 from EB3 to EB2(Assume Labor and I-140 got approved in EB2)
-------------- you can renew the EAD.EAD is based on pending I-485
Will my EAD are invalid.
---no
Do I have to refile my EAD application again from the employer who filed my new i-140.
---------no,EAD is based on pending I-485
so far I havent filed AC21 with USCIS??
--------------- do that
Click to expand...
 
Risks?

Hi GINNU,

Thanks for all your valuable comments. This is exactly what I was thinking of doing and found some real questions/answers here in this thread.

But, Is there a RISK in any level? at any time?

What happens to your old/pending I-485 if the new EB2 labor/I-140 gets rejected (for some reason)?

Thanks in advance..
- NewRam
 
newram said:
Hi GINNU,

Thanks for all your valuable comments. This is exactly what I was thinking of doing and found some real questions/answers here in this thread.

But, Is there a RISK in any level? at any time?

What happens to your old/pending I-485 if the new EB2 labor/I-140 gets rejected (for some reason)?
---------- old pending I-485 has base of other I-140. new EB2 LC or I-140 has nothing to do with pending I-485 if new LC or new I-140 is rejected

Thanks in advance..
- NewRam
Click to expand...
 
Hi Ginnu

thanx a lot for the such an informative answer. I have one more question. Suppose I am applying for my I-485(EB2) taking the priority dates of earlier EB3 application & due to some reason it does not goes through, Can I still use my Original EB3 application to file another I-485?

thanx in advance
 
Originally Posted by toughlabor
Hi Ginnu

Here is my situation.
My current company filed my GC for EB3 in March 2002. My LC & I-140 get approved by now. But I can not apply for the I-485 due to unavailability of PD.

Can I apply for GC with another company which had given me a job offer & agreed to process my GC as EB2 ?
----------- Yes, let them file LC in EB2
Can I apply for my GC in EB2 in perm & take the earlier priority date?
---------- employer can file new LC in EB2 but earler PD can only be claimed when filing second I-140, talk to your lawyer when file second I-140



Hi Ginnu

thanx a lot for the such an informative answer. I have one more question. Suppose I am applying for my I-485(EB2) taking the priority dates of earlier EB3 application & due to some reason it does not goes through, Can I still use my Original EB3 application to file another I-485?

thanx in advance
 
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