I-140 thru Substituted LC

S

search06

New Member
I have an approved EB2/I-140 petition with Company A, I am currently working with. But the priority date is not current.

Company A has a EB3 Labor petition with current priority date. I have the following questions:

1) Can company A file I-140 for me using the labor certification substitution process?
2) Will there be any adverse impact on the approved Eb2/I-140 petition or will it remain intact and can be used anytime?
2) Can I file I-485 also, when I-140 is in process or do I need to wait for the approval?
3) Is there any advantage in filing for I-485 using a EB2 labor when compared to EB3 Labor? Will the processing be faster with EB2?

I would appreciate if you could kindly help me with your answers.
 
Dude Don't Do It

you will be royally screwed. one my ex-coworker was in same situation. She consulted attorney and she was adviced not to take risk. You can not file 2 different categories from same employer. USCIS will question you & your employer and you may end up in DEEEP trouble. Better pay some money and take advice of well known immigration lawyer like rkhanna or smurthy etc.
 
Depends on Priority Date

Short answer is that you can do it.

Long answer involves certain issues that you need to consider:

1. Priority date of the EB-2 & EB-3
2. Experience required for EB-2 & EB-3

I am in the same boat and my lawyer is applying for 140 & 485 concurrently using the substitute labor as the EB-3 substitute labor is current. Note that I already have a EB-2 approved which is not yet current.
 
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