File another LC

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susan0403

Registered Users (C)
Hi,

Is it possible to file another Perm in EB3 category, when current Perm in EB2 category is in appeal?
 
You can file for new PERM no problems there, however, you will not be able to file for new I-140 while old one still pending at AAO. You will need to withdraw from AAO before filling new I-140.
 
Thanks

Thanks for your reply. So it is possible to withdraw the current Perm (EB2) that is in appeal, if the second Perm(EB3) goes through? Is that correct?
 
Yes, as long as you do not file a new PERM case for the same position, you can file a new case while the other is on appeal.
 
Further Clarification

Just need a little clarification. I cannot apply in EB2 category for the same position, but I can still apply for EB3 categroy for the same position. Is that correct? Or I cannot apply for another category for same position at all for the second time. Can you please explain.
 
susan0403 said:
Just need a little clarification. I cannot apply in EB2 category for the same position, but I can still apply for EB3 categroy for the same position. Is that correct? Or I cannot apply for another category for same position at all for the second time. Can you please explain.
Click to expand...

If the position has different requirements, then it is not the same position. You cannot file a second identical PERM case while the other is on appeal. If the position is different, then it's different!
 
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