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EB3 to EB2 while 485 pending
- Thread starter aboppana
- Start date
---------------You could use somebody's else LC for EB2, if there is one available by now with about the same priority date.
---------------------LC substation is no more allowed .
It is portable under AC21. You will also need to refile I-140 and I-485.
my Labor was filed in EB3 category (PD - 2005 March), I-140 Approved, and I-485 pending. EAD & AP renewed, but still on H1 status.
Is it possible to change my case from EB3 to EB2, while my 485 is pending? and how?
---------------------- If you feel that you are qualified for EB2 with educational certificates and experience then ask your lawyer if you are eligible for EB2 LC and your job title or skills needs to be slightly changed if the same employer is filing new LC (even if you qualify for EB2 LC it depends on employer if he is ready to file LC in Eb3 or EB2). FYI the experience gained by working with present employer will not be counted.
You need to go to your lawyer and he can inform you if you are qualified for new EB2 LC. Take all your degree certificate +exp letters.
Any information would be appreciated.
LC substitution is no more valid
-----------------Thanks ginnu and raevsky!
Ginnu, so it's like starting the GC process all over from Labor, correct?
-------------- YES, New LC, then second I-140 approval.
Actually, you could even reused someone else's I-140 as well, if there is one available with a priority date early enough. But you will have to file I-485 on your own.
wrong info. if I-140 is approved for X then Y cant use that I-140.
Jackolantern
Registered Users (C)
It is possible, but there are various ifs and buts involved, particular the fact that experience with the same employer is generally viewed as zero. So unless the same-employer experience meets certain exceptions (which I won't get into here), you would need to base your EB2 on the qualifications you had prior to joining the employer. That problem goes away if you file for EB2 with a new employer.my Labor was filed in EB3 category (PD - 2005 March), I-140 Approved, and I-485 pending. EAD & AP renewed, but still on H1 status.
Is it possible to change my case from EB3 to EB2, while my 485 is pending? and how?
thanks ginnu & jackolantern!
If the new labor is filed by current employer in EB2, the priority date can be ported to new I-140 after LC approved, and then 485 can be filed only if priority date is current. correct?
a. What happens to the old I-140 after the new one is approved and the priority date is ported, would it still be valid.
b. What happens to EAD and AP that are based on current 485? are they still valid after new 140 approval?
c. The new 485 would go thru the processing namecheck, background, etc...though the current 485 may have gone thru all those checks. and it would be risk to change the employer with in 180 days of filing new 485.
how would it work if the new LC is filed by a new employer. Can I transfer H1 to new employer insteading of using EAD, and how (any special...AC21 ect. or regular H1 transfer.)? I am in my 9th year, EAD is the last thing I would want to use.
Once I know the basics of how it would work, then I would contact attorney.
I would appreciate your responses any suggestions.
If the new labor is filed by current employer in EB2, the priority date can be ported to new I-140 after LC approved, and then 485 can be filed only if priority date is current. correct?
a. What happens to the old I-140 after the new one is approved and the priority date is ported, would it still be valid.
b. What happens to EAD and AP that are based on current 485? are they still valid after new 140 approval?
c. The new 485 would go thru the processing namecheck, background, etc...though the current 485 may have gone thru all those checks. and it would be risk to change the employer with in 180 days of filing new 485.
how would it work if the new LC is filed by a new employer. Can I transfer H1 to new employer insteading of using EAD, and how (any special...AC21 ect. or regular H1 transfer.)? I am in my 9th year, EAD is the last thing I would want to use.
Once I know the basics of how it would work, then I would contact attorney.
I would appreciate your responses any suggestions.
Last edited by a moderator:
thanks ginnu & jackolantern!
If the new labor is filed by current employer in EB2, the priority date can be ported to new I-140 after LC approved,
--------------------------the PD can only be ported when filing second I-140 and lawyer writes a letter to port the PD and send EB3 I-140 approval notice copy
and then 485 can be filed only if priority date is current. correct?
-----------------------if I-485 is pending then no need of new I-485 one can INTERFILE second I-140 approval copy with pending I-485.
a. What happens to the old I-140 after the new one is approved and the priority date is ported, would it still be valid.
------------------------Yes that will be valid.
b. What happens to EAD and AP that are based on current 485? are they still valid after new 140 approval?
-----------------------YES, EAD AP are based on Pending I-485
c. The new 485 would go thru the processing namecheck, background, etc...though the current 485 may have gone thru all those checks. and it would be risk to change the employer with in 180 days of filing new 485.
----------------------why to file new I-485 if the old I-485 is is still pending when you get your second I-485 approved? you can change employer based on pending I-485 and EB3 I-140 approval.
how would it work if the new LC is filed by a new employer. Can I transfer H1 to new employer insteading of using EAD, and how
---------------------let the new employer file H1 transfer and once you get H1 transfer filing reciept join him, then new employer file the LC and once LC gets approved file I-140 once I-140 gets approved then make request to USCIS to Interfile second I-140 approval notice with pending I-485 and also send job offfer letter of new employer.
(any special...AC21 ect. or regular H1 transfer.)? I am in my 9th year, EAD is the last thing I would want to use.
Once I know the basics of how it would work, then I would contact attorney.
I would appreciate your responses any suggestions.
**if you file second I-140 dont forget to write your A# on I-140 form.
contacting congress for i485
Hello all gurus:
It would be really appreciated if I can get some advise form you guys,
For my i485 application pending for years, I sent letters to US Senators (representing state), it was filed thur' company attorney.
Now question is -- Can I dierectly talk to them about it, or I have to have my attorney contact them.....?
I know i485 one can apply by yourself, so would it necessary to go thu' attorney to communicate to senators...?
Thanks a lot.
Hello all gurus:
It would be really appreciated if I can get some advise form you guys,
For my i485 application pending for years, I sent letters to US Senators (representing state), it was filed thur' company attorney.
Now question is -- Can I dierectly talk to them about it, or I have to have my attorney contact them.....?
I know i485 one can apply by yourself, so would it necessary to go thu' attorney to communicate to senators...?
Thanks a lot.