EB3 to EB2

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mygreencard2004

Registered Users (C)
Hi All,

I have a EB3 substitute labor with PD end of 2001 and i got my I-140 cleared this year. But since the PD dates for INDIA are at speed snailing and stuck on 22/apr/2001 , i was thinking of applying in EB2 PERM and then use my EB3 PD date of Dec/2001 once my EB2 gets approved and then can file for I-140 and I-485 concurrently since EB2's PD dates are somewhere in Jan/2003. Is this possibe ? My lawyer says its possible to file in EB2 perm and still use EB3 PD to file for I-140 & I-485 concurrently.. I wanted some advice from the forum as the lawyers will always say yes since my EB2 filing brings them extra money ...

Any suggestions Appreciated..

-Cant_Wait_2_long
 
Your attorney is correct.

mygreencard2004 said:
Hi All,

I have a EB3 substitute labor with PD end of 2001 and i got my I-140 cleared this year. But since the PD dates for INDIA are at speed snailing and stuck on 22/apr/2001 , i was thinking of applying in EB2 PERM and then use my EB3 PD date of Dec/2001 once my EB2 gets approved and then can file for I-140 and I-485 concurrently since EB2's PD dates are somewhere in Jan/2003. Is this possibe ? My lawyer says its possible to file in EB2 perm and still use EB3 PD to file for I-140 & I-485 concurrently.. I wanted some advice from the forum as the lawyers will always say yes since my EB2 filing brings them extra money ...

Any suggestions Appreciated..

-Cant_Wait_2_long
Click to expand...
 
I am in same situation
I applied a EB3 labor from our branch office in Wisconsin
Labor got cleared last week and pD is feb 2004
I am asking my employer to file PERM in EB2 (since I have 5 + year experience) so that I can transfer my EB3 priority date to EB2 perm
but my lawyer saying
It is not possible to change priority date from EB3 to EB2 because one applied from wisconsin and PERM should be applied from headoffice
Is my lawyer correct>
 
I am in same situation
I applied a EB3 labor from our branch office in Wisconsin
Labor got cleared last week and pD is feb 2004
I am asking my employer to file PERM in EB2 (since I have 5 + year experience) so that I can transfer my EB3 priority date to EB2 perm
but my lawyer saying
It is not possible to change priority date from EB3 to EB2 because one applied from wisconsin and PERM should be applied from headoffice
Is my lawyer correct?
Gurus Can you help me?
 
mygreencard2004 -- your attorney is correct. The Option to file an EB2 PERM case and then do an I-140/I-485 concurrent recapture is a great solution.
 
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