File new EB2 PERM from same company after EB3 PERM/i140 retrogression?

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Chicago Desi

Registered Users (C)
I have an approved EB3 PERM/i140 (World) but cannot file 485/EAD/AP b/c of retrogression. Is it doable to file a new PERM in EB2 with same employer, provided I had Bachelors and more than 5 years experience before joining them.
My employer' lawyer filed my EB3 b/c of some lack of understanding on their part, it should have been EB2 all along. Please post your thoughts and experiences.
 
I am in the same boat

HI, My situation looks like same, i have EB3 approved and filed EB2 but got denial, it says someting about multiple filing. you can look at my previous post for details about my case. Do you know anybody with approved EB2 after EB3 approved earliar with same employer.
Warsaw_Berlin
 
You cannot have two PERMs with the same employer

Go to shusterman.com, click PERM on the top and go through the FAQs that were published, it should be in one of them.

Basically no two PERMS are allowed under the same employer, you can revoke the older PERM that would mean annulment of I-140 as well. So basically you guys are stuck with that employer with EB-3. However you could pursue another PERM with another employer....this I-140(EB-3) one will be valid for the rest of your life unless the old employer revokes it or something....

That is my understanding.

Warsaw_Berlin said:
HI, My situation looks like same, i have EB3 approved and filed EB2 but got denial, it says someting about multiple filing. you can look at my previous post for details about my case. Do you know anybody with approved EB2 after EB3 approved earliar with same employer.
Warsaw_Berlin
Click to expand...
 
Warsaw_Berlin said:
HI, My situation looks like same, i have EB3 approved and filed EB2 but got denial, it says someting about multiple filing. you can look at my previous post for details about my case. Do you know anybody with approved EB2 after EB3 approved earliar with same employer.
Warsaw_Berlin
Click to expand...

I too feared such a stupid restriction from DOL but after reading your previous posts it looks like your case was denied b/c you had one PERM pending (b/c of an error). Am I right?
 
Thanks, I think my case is denied by CO mistake. My layer did call 2 three times and emailed CO but no response yet. I will be happy if he is refering to my eb2 typo as a multiple filing.
Do you have PM so we can exchange words.
 
Warsaw_Berlin said:
Thanks, I think my case is denied by CO mistake. My layer did call 2 three times and emailed CO but no response yet. I will be happy if he is refering to my eb2 typo as a multiple filing.
Do you have PM so we can exchange words.
Click to expand...

Please keep all of us updated with the progress of your case. And feel free to PM me.
 
Chicago Desi said:
I have an approved EB3 PERM/i140 (World) but cannot file 485/EAD/AP b/c of retrogression. Is it doable to file a new PERM in EB2 with same employer, provided I had Bachelors and more than 5 years experience before joining them.
My employer' lawyer filed my EB3 b/c of some lack of understanding on their part, it should have been EB2 all along. Please post your thoughts and experiences.
Click to expand...

How come Chicago DESI get the world quota ? Special case for Chicago :) ?
 
Hi can someone help me out please???

I have PD of feb 2005 and my LC(EB3) is pending in BEC. I got a promotion now to Sr.business analyst and my job requirement now needs BS+5 yrs experience. I want to know whether i can file a fresh EB2 PERM for the new promoted job? Can i keep my pending LC in the BEC and file a new perm EB2?
 
Yes you can.

You are the ideal candidate to do so...lots of people are doing it.

gcgal said:
Hi can someone help me out please???

I have PD of feb 2005 and my LC(EB3) is pending in BEC. I got a promotion now to Sr.business analyst and my job requirement now needs BS+5 yrs experience. I want to know whether i can file a fresh EB2 PERM for the new promoted job? Can i keep my pending LC in the BEC and file a new perm EB2?
Click to expand...
 
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