I-485 + Consular Processing simultaneously

[vpampatt]

Hello Gurus,

My 2 questions are:

1) Can we file both Consular Processing and I-485 at the same time?

If NOT, how about filing first I-485 and after 182 days file for Consular Processing. Are there any problems with that?

Also, If I leave employer after 182 days of filing for I-485 then do I have to work after 182 days. If I have to work- then other than
getting into a job with similar job description, do I have to make same salary as mentioned on Labour Certificate of Green Card.



2) Also, I am planning to use Approved Labour Certificate for Green Card I-140 stage.

Approved Labour Certificate is in EB3 category. But I have 7 1/2 years of experience. So, when I substitute that LC for filing my I-140, can I change from EB3 category to EB2 category.?

Your detailed reply will be highly appreciated

Neelakshi.

 

[RAGHUC]

my 2 cents

From the discussions in this forum, whAT i learnt was one can not file two processings simultaneously.

 

[jaxen]

Answers

1. you cannot file for i485 and CP based on a single I140 approval /application. You can however cahnge between CP and 485 after I140 approval. Until final regulations are out about 485 portability some of the possible combination scenarios will not be self evident.
However CP will not accomodate employer change , period.

2. You will have to be in EB3. The EB classification is driven by the qualifications required for the position, not by the qualifications of the applicant.