EB3 to EB2

E

EB32EB2

New Member
Hi,

I am with Company A and GC applied in EB3 category in September 04. I got 140 approval in Jun 07. I applied 485 in July 07 and got my EAD but i am still working with H1B (have 10 months remaining in my 6th year H1) 180 days passed getting EAD with Company A. Now EB3 categrory status is unavailble, So i changed to Company B and company B applied GC in EB2 category.

If i get Labor and 140 apporvals without any issues can i port my EB3 priority date to EB2 and apply for new 485 with EB2. If so what happens to existing 485 application filed with EB3.

If anyone are in the same situation and if you know the answer can you please clarify my doubts.

Thanks,
 
EB32EB2 said:
Hi,

I am with Company A and GC applied in EB3 category in September 04. I got 140 approval in Jun 07. I applied 485 in July 07 and got my EAD but i am still working with H1B (have 10 months remaining in my 6th year H1) 180 days passed getting EAD with Company A. Now EB3 categrory status is unavailble, So i changed to Company B and company B applied GC in EB2 category.

If i get Labor and 140 apporvals without any issues can i port my EB3 priority date to EB2

------YES, if your EB based I-140 gets approved
and apply for new 485 with EB2. If so what happens to existing 485 application filed with EB3.
------------------------why to file new I-485? if at that time I-485 is pending and your EB2 I-140 gets approved then make a request to USCIS to Interfile your EB2 I-140 with pending I-485 and request them to approve I-485 based on EB2 I-140 and you can also recapture earlier PD of Eb3 I-140.you need to provide them copy of your EB2 I-140 approval notice

If anyone are in the same situation and if you know the answer can you please clarify my doubts.

Thanks,
Click to expand...
Your I-485 reciept has your A# on it. when file second I-140 then write your A# on I-140 form (inform the lawyer to write your A# on EB2 I-140 form)
 
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