File EB2 - any effect on EB3

[rmscandy]

Hi,
Pardon me if this was asked already, I did do some research, but I see difference of opinions from the people on the forum.
So I thought I would my on question and seek answer.

I am EB3 - priority date Sept 2004, waiting for date to be current like everyone else. I have EAD since the gates were opened in July 2007. I have an offer from the company who is ready to file EB2 for me. I understand I have to go through
labor and 140 process and while filing request priority from EB3 application. I am planning to invoke AC21, and transfer H1 to the new employer. My understanding was EB3 remain intact even if EB2 uses the priority date, but on some forum I read
EB3 will not stay valid after the date is ported or requested. So in that case, one would be at huge risk of loosing all the years he/she invested in wait. I have engineering bachelors and 15 years of experience. So my question is -

1. If EB2 get rejected at any stage what will happen to EB3?

2. Can a query from EB2 trigger a query in EB3? Lets say based on some education experience there is a query in EB2 filing,
and same stands true for EB3 filing (which was not noticed earlier).

3. About progressive experience, hos is it determined. Should the experience letter verbiage indicate that - programmer to senior programmer to Architect/PM ? I have letters which says Programmer, system Analyst and the latest one will say Architect. Will that be enough to prove my eligibilty?

4. While requesting priority date from EB3 (2004), one forum said one should be eligible at that time itself for EB2, it that true?

Thanks,

 

[Jackolantern]

I assume you are EB3 India or China? Because if you are in EB3 ROW, your PD is likely to become current soon and you won't have to worry about all this.

But anyway --

1. You would request the porting of the PD only after the EB2 labor certification is approved and the I-140 is being filed. So until then, the EB3 remains alive and untouched. But I'm not sure what would happen after that if the EB2 petition is denied. I believe the EB3 dies once you do the porting; they know you can't accept both the EB2 and EB3 jobs upon GC approval.

2. Anything you do with USCIS can trigger any action on your file.

3. That is complicated and subjective. But the requirement is 5 years, and you have 15, so they only need to find 5 progressive years in there somewhere.

4. Do you mean you must have been eligible for EB2 when the EB3 petition was filed?