Filing for new EB2 petition

R

rrajendr

Registered Users (C)
Current status of mine:
My Employment based green card with my current employer is pending in
EB3 category at the Consular processing stage at the consulate with the Labor, I-140 approved. My priority date is July 2003.
My future plan:
I plan on filing a new PERM LC EB2 petition and inherit the old EB3 PD onto it while filing for the EB2 I-1485 after the approval of EB2 LC, I-140. The EB2 petition is for a different senior position compared to the old EB3 petition.

I have some questions on transferring the old EB3 PD onto new EB2 petition while filing for EB2 I-1485.

1)From my understanding (please correct me if I am wrong) the transfer of priority date and filing of 485 is a two step process as depicted below where each step happens successively in the same order.
a)Transfer of priority date (PD) is based on the priority retention rule whereby you get the oldest priority date.Hence I will inherit the old EB3 PD onto the new EB2 petition.
b)After transfer of priority date to EB2 (from step a) if EB2’s priority date(transferred from old EB3 PD) is current then we apply for new I-485 or interfile for I-1485 if I-485 for EB3 already pre-exists substituting the existing immigration petition with the new EB2 petition.
In my case since my CONSULAR PROCESSING IS PENDING and there is NO I-485 pending, how will the transfer of priority date and filing of 485 happen. ie Is it something like TRANSFER the old EB3 priority date to new EB2 petition(step a) and if the new EB2 petition (with the old EB3 priority date ie July 2003) is current we just file a NEW I-485(step b)?

2)Does NVC need to be INVOLVED when transferring the PD and filing of new EB2 I-485 happens? If so do we contact them BEFORE filing of EB2 I-485 or AFTER filing for I-485. What do we contact them FOR?

3)Assuming EB2 I-1485 is filed using the old EB3 PD what HAPPENS to the old EB3 pending CP? Is is considered ABANDONED since I-1485 on the new EB2 is filed or will it exist as a SEPARATE petition and thereby TWO SEPARATE PETITIONS(Please understand that the new EB2 petition is for a different senior position compared to the old EB3 petition) coexist.
 
rrajendr said:
Current status of mine:
My Employment based green card with my current employer is pending in
EB3 category at the Consular processing stage at the consulate with the Labor, I-140 approved. My priority date is July 2003.
My future plan:
I plan on filing a new PERM LC EB2 petition and inherit the old EB3 PD onto it while filing for the EB2 I-1485 after the approval of EB2 LC, I-140. The EB2 petition is for a different senior position compared to the old EB3 petition.

I have some questions on transferring the old EB3 PD onto new EB2 petition while filing for EB2 I-1485.

1)From my understanding (please correct me if I am wrong) the transfer of priority date and filing of 485 is a two step process as depicted below where each step happens successively in the same order.
Yes, you are correct
a)Transfer of priority date (PD) is based on the priority retention rule whereby you get the oldest priority date.Hence I will inherit the old EB3 PD onto the new EB2 petition.
Yes
b)After transfer of priority date to EB2 (from step a) if EB2’s priority date(transferred from old EB3 PD) is current then we apply for new I-485 or interfile for I-1485 if I-485 for EB3 already pre-exists substituting the existing immigration petition with the new EB2 petition.
If you want to do AOS instead of CP, you need to file a new I-485.
In my case since my CONSULAR PROCESSING IS PENDING and there is NO I-485 pending, how will the transfer of priority date and filing of 485 happen. ie Is it something like TRANSFER the old EB3 priority date to new EB2 petition(step a) and if the new EB2 petition (with the old EB3 priority date ie July 2003) is current we just file a NEW I-485(step b)?
Yes
2)Does NVC need to be INVOLVED when transferring the PD and filing of new EB2 I-485 happens? If so do we contact them BEFORE filing of EB2 I-485 or AFTER filing for I-485. What do we contact them FOR?
I do not think NVC gets involved for AOS cases. You will have to file your I-140 and I1485 with one of the Service Center, depending on where you reside. I do not know what is the case if you would like to do CP for the EB2 petition as well

3)Assuming EB2 I-1485 is filed using the old EB3 PD what HAPPENS to the old EB3 pending CP? Is is considered ABANDONED since I-1485 on the new EB2 is filed or will it exist as a SEPARATE petition and thereby TWO SEPARATE PETITIONS(Please understand that the new EB2 petition is for a different senior position compared to the old EB3 petition) coexist.
Yes, these are two separate petitions. You do not loose the EB3 petition.
Click to expand...
 
Hi Tedun
Thanks for the reply , just a small clarification.

**Are your answers based on EXPERIENCE of yours/your known people or based on your KNOWLEDGE on immigration. ie have you practically seen it or you have replied based on your immigration knowledge
**Could you please clarify on my question on question 2) below?


tedun said:
rrajendr said:
Current status of mine:
My Employment based green card with my current employer is pending in
EB3 category at the Consular processing stage at the consulate with the Labor, I-140 approved. My priority date is July 2003.
My future plan:
I plan on filing a new PERM LC EB2 petition and inherit the old EB3 PD onto it while filing for the EB2 I-1485 after the approval of EB2 LC, I-140. The EB2 petition is for a different senior position compared to the old EB3 petition.

I have some questions on transferring the old EB3 PD onto new EB2 petition while filing for EB2 I-1485.

1)From my understanding (please correct me if I am wrong) the transfer of priority date and filing of 485 is a two step process as depicted below where each step happens successively in the same order.
Yes, you are correct
a)Transfer of priority date (PD) is based on the priority retention rule whereby you get the oldest priority date.Hence I will inherit the old EB3 PD onto the new EB2 petition.
Yes
b)After transfer of priority date to EB2 (from step a) if EB2’s priority date(transferred from old EB3 PD) is current then we apply for new I-485 or interfile for I-1485 if I-485 for EB3 already pre-exists substituting the existing immigration petition with the new EB2 petition.
If you want to do AOS instead of CP, you need to file a new I-485.
In my case since my CONSULAR PROCESSING IS PENDING and there is NO I-485 pending, how will the transfer of priority date and filing of 485 happen. ie Is it something like TRANSFER the old EB3 priority date to new EB2 petition(step a) and if the new EB2 petition (with the old EB3 priority date ie July 2003) is current we just file a NEW I-485(step b)?
Yes
2)Does NVC need to be INVOLVED when transferring the PD and filing of new EB2 I-485 happens? If so do we contact them BEFORE filing of EB2 I-485 or AFTER filing for I-485. What do we contact them FOR?
I do not think NVC gets involved for AOS cases. You will have to file your I-140 and I1485 with one of the Service Center, depending on where you reside. I do not know what is the case if you would like to do CP for the EB2 petition as well

--Do you mean to say that NVC DOESN'T get involved when transferring the PD and filing of new EB2 I-485 happens. It also DOESN'T get involved before or after filing of new EB2 I-485. It is just filing of new I-140 and new I-485 for the EB2 petition to my service center?

3)Assuming EB2 I-1485 is filed using the old EB3 PD what HAPPENS to the old EB3 pending CP? Is is considered ABANDONED since I-1485 on the new EB2 is filed or will it exist as a SEPARATE petition and thereby TWO SEPARATE PETITIONS(Please understand that the new EB2 petition is for a different senior position compared to the old EB3 petition) coexist.
Yes, these are two separate petitions. You do not loose the EB3 petition.
Click to expand...
Click to expand...
 
you're doing the same thing as i am...i am changing over to a new eb2 petition and transferring PD.

2 things to be really careful of.....

1) its hard to justify a new petition(eb2) based on an existing eb3 petition for the same job.

2) once you file a new eb2 perm application and get it approved and file the new I-140 and get the pd transferred....only then withdraw your old CP eb3 petition.





tedun said:
rrajendr said:
Current status of mine:
My Employment based green card with my current employer is pending in
EB3 category at the Consular processing stage at the consulate with the Labor, I-140 approved. My priority date is July 2003.
My future plan:
I plan on filing a new PERM LC EB2 petition and inherit the old EB3 PD onto it while filing for the EB2 I-1485 after the approval of EB2 LC, I-140. The EB2 petition is for a different senior position compared to the old EB3 petition.

I have some questions on transferring the old EB3 PD onto new EB2 petition while filing for EB2 I-1485.

1)From my understanding (please correct me if I am wrong) the transfer of priority date and filing of 485 is a two step process as depicted below where each step happens successively in the same order.
Yes, you are correct
a)Transfer of priority date (PD) is based on the priority retention rule whereby you get the oldest priority date.Hence I will inherit the old EB3 PD onto the new EB2 petition.
Yes
b)After transfer of priority date to EB2 (from step a) if EB2’s priority date(transferred from old EB3 PD) is current then we apply for new I-485 or interfile for I-1485 if I-485 for EB3 already pre-exists substituting the existing immigration petition with the new EB2 petition.
If you want to do AOS instead of CP, you need to file a new I-485.
In my case since my CONSULAR PROCESSING IS PENDING and there is NO I-485 pending, how will the transfer of priority date and filing of 485 happen. ie Is it something like TRANSFER the old EB3 priority date to new EB2 petition(step a) and if the new EB2 petition (with the old EB3 priority date ie July 2003) is current we just file a NEW I-485(step b)?
Yes
2)Does NVC need to be INVOLVED when transferring the PD and filing of new EB2 I-485 happens? If so do we contact them BEFORE filing of EB2 I-485 or AFTER filing for I-485. What do we contact them FOR?
I do not think NVC gets involved for AOS cases. You will have to file your I-140 and I1485 with one of the Service Center, depending on where you reside. I do not know what is the case if you would like to do CP for the EB2 petition as well

3)Assuming EB2 I-1485 is filed using the old EB3 PD what HAPPENS to the old EB3 pending CP? Is is considered ABANDONED since I-1485 on the new EB2 is filed or will it exist as a SEPARATE petition and thereby TWO SEPARATE PETITIONS(Please understand that the new EB2 petition is for a different senior position compared to the old EB3 petition) coexist.
Yes, these are two separate petitions. You do not loose the EB3 petition.
Click to expand...
Click to expand...
 
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