-->>I-140 EB2 Vs EB3 Question Please help<<--

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vijay7usa

New Member
Hi All,

My present situation:
My wife applied EB3(RIR) got her Labor Approved Feb 2006. PD Jun 2004.

She again applied EB2 (PERM) thru same employer & got her Labor, I-140 approved. PD Aug 2005.


Which way would be good to go ahead:
-->1. Can she(wife) directly apply now for 485 using EB3 PD with her EB2 labor and I-140.
-->2. To use the EB3 PD does she need to apply for I-140 for EB3 and then apply for 485.
-->3. Can I substitute her EB3 Labor and apply for I-140 (I also work for same employer).

We are bit confused and highly appreciate your suggestion on this.

Thanks:)
Vijay
 
vijay7usa said:
Hi All,

My present situation:
My wife applied EB3(RIR) got her Labor Approved Feb 2006. PD Jun 2004.

She again applied EB2 (PERM) thru same employer & got her Labor, I-140 approved. PD Aug 2005.


Which way would be good to go ahead:
-->1. Can she(wife) directly apply now for 485 using EB3 PD with her EB2 labor and I-140.
Click to expand...
Is either of her PD's current? if yes then you can apply 485 for the one that is current.

-->2. To use the EB3 PD does she need to apply for I-140 for EB3 and then apply for 485.
Click to expand...

Yes, she has to apply 140 for the labor with older PD (ie EB3). Once the EB3 140 is approved, when EB2 June 2004 is current you can apply for 485, along with both the approved 140's, requesting them to port the EB3 June 2004 PD to EB2.

-->3. Can I substitute her EB3 Labor and apply for I-140 (I also work for same employer).
Click to expand...

If the skills, education and experience match, then yes you can use your wife's EB3 labor to file 140 for you. But you have to do this before July 16, and premium is not allowed for this. But what do you gain by doing this?
 
Thanks you very much for your quick reply.

I have a question in your reply:
-->2. To use the EB3 PD does she need to apply for I-140 for EB3 and then apply for 485.

Yes, she has to apply 140 for the labor with older PD (ie EB3). Once the EB3 140 is approved, when EB2 June 2004 is current you can apply for 485, along with both the approved 140's, requesting them to port the EB3 June 2004 PD to EB2.

Now I think the best way would be applying I-140 for EB3(for wife) and after it got approved we can use EB3 PD(June 2004) to EB2 to apply 485(port EB3 PD 6/2004 to EB2)

My skills and education does match with her's, but it looks like the direction you suggested would be the best approach, What do you say?

Appreciate your help! Thanks.
Vijay
 
vijay7usa said:
Thanks you very much for your quick reply.

I have a question in your reply:
-->2. To use the EB3 PD does she need to apply for I-140 for EB3 and then apply for 485.

Yes, she has to apply 140 for the labor with older PD (ie EB3). Once the EB3 140 is approved, when EB2 June 2004 is current you can apply for 485, along with both the approved 140's, requesting them to port the EB3 June 2004 PD to EB2.

Now I think the best way would be applying I-140 for EB3(for wife) and after it got approved we can use EB3 PD(June 2004) to EB2 to apply 485(port EB3 PD 6/2004 to EB2)

My skills and education does match with her's, but it looks like the direction you suggested would be the best approach, What do you say?

Appreciate your help! Thanks.
Vijay
Click to expand...

If I were you, I wouldn't do the labor sub in this situation. While filing for EB3 140 for the old labor, check with your lawyer whether you can request at the same time to port the EB3 PD to the EB2 application. This reduces one step in the process.

I don't know which country you fall under, without that I won't know whether EB2 June 2004 is current now or not. Which in turn determines whether you can file 485 now or have to wait.
 
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