File new PERM EB2 after approved EB3 due to retro.

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Chicago Desi

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File new PERM EB2 after approved EB3 due to retrogression

My EB3 PERM was approved a couple of months back and I140 approved this month and now I cant file 485/AP/EAD due to this 485 retrogression. What are the consequences of filing a new PERM in EB2 with same employer? I am from 'Other countries'. Thanks for your insight.
 
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Possible....

THey might cancel one of the two...or you can cancel it yourself and go through the whole process if you have enough H1 left. EB2 for other countries is bound to be current for a long time. It is upto you to decide.

You have locked your PD by getting 140 approval. Keep a copy for yourself. Try to change employers and apply through them...why wait when you have a chance. PERM EB2 is a risky process by itself, I-140 clearance could also be a little difficult...but taking a chance is worth it.

Chicago Desi said:
My EB3 PERM was approved a couple of months back and I140 approved this month and now I cant file 485/AP/EAD due to this 485 retrogression. What are the consequences of filing a new PERM in EB2 with same employer? I am from 'Other countries'. Thanks for your insight.
Click to expand...
 
Where you got this information they will cancel one of the two....? And he needs to change the employer?? Can it be done for different position from same employer? Is it possible mulitple LC under perm for different position since they back off ???

Just lot of question in deep dark situation like others.

:p :( :eek: :mad: :eek:



rest_2004_free said:
THey might cancel one of the two...or you can cancel it yourself and go through the whole process if you have enough H1 left. EB2 for other countries is bound to be current for a long time. It is upto you to decide.

You have locked your PD by getting 140 approval. Keep a copy for yourself. Try to change employers and apply through them...why wait when you have a chance. PERM EB2 is a risky process by itself, I-140 clearance could also be a little difficult...but taking a chance is worth it.
Click to expand...
 
Within PERM applying is different.

As you read my other post, I have mentioned the word "might cancel". I was not sure myself, but I have assumed the worst. It is because so far DOL tried to and backed off from their statement saying you cannot have one labor in BEC and one in PERM. Now if you apply two cases in PERM itself, remember the same system can automatically cancel double fillings.

However a different job position and desciption with the same company etc...might do some magic.

gc_fever2005 said:
Where you got this information they will cancel one of the two....? And he needs to change the employer?? Can it be done for different position from same employer? Is it possible mulitple LC under perm for different position since they back off ???

Just lot of question in deep dark situation like others.

:p :( :eek: :mad: :eek:
Click to expand...
 
Yes, there is another position that I am being promoted to, so,

  1. Is PERM EB2 doable with current employer for a new position, provided that I already have approved PERM EB3/I140? I have Bachelors and more than 7 years of experience.
  2. Should I change employer?

BTW: I have 8 months left on my H1's 6 years limit. :confused: :(
 
Chicago Desi said:
Yes, there is another position that I am being promoted to, so,

  1. Is PERM EB2 doable with current employer for a new position, provided that I already have approved PERM EB3/I140? I have Bachelors and more than 7 years of experience.
    Is it 7 years before joining to the current employer? If not, it is extremly hard.
  2. Should I change employer?
    I would recommend to since you can do both EB2 and keep your old PD.

BTW: I have 8 months left on my H1's 6 years limit. :confused: :(
Click to expand...
 
Good Luck Chicago Desi

Please let us know about your new EB2 filing. I am in the same position like you.

Thanks



Chicago Desi said:
newbies,

Thanks for your reply. I had more than 6.5 years of experience before joing the current employer.
Click to expand...
 
Please post

Any one else is/was in similar situation? Please post your knowledge, thoughts, experiences, bookmarks here, it will greatly help many people in this forum. Thanks.
 
I am in the same boat, my labor got approved this week, EB3.

in the current situation where it looks like it will take atleast 5-6 years to get GC via EB3, i want to file PERM via EB2 again.

will my EB3 labor gets cancelled if my EB2 gets denied?
 
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