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.

 

[mfe]

Well, I think you should avoid the trouble of trying to claim you r actually EB2. INS might ask for further evidence from you or even reject it.

In terms of processing time for 140, EB3 is usually faster than EB2.

 

[PCee]

vpampatt,

1a) No, you cannot file for both I-485, CP at the same time!

1b) Please note that if your plans are to leave the job after 180 days of filing for I-485 then it means you don't have intent to work for GC job indefinitely, and it is illegal to get your GC based on those grounds.

After filing for I-485 one can switch to CP but I am not sure if one will get AC21 benifits after switching to CP even if 180 days passed after filing for I-485 (no AC21 regulations yet). Also switching to CP at that stage may take a lot longer than getting GC approved by continuing I-485. CP may be faster only if one opts for CP at the time of I-140 or files for CP immediately after I-140.

If one changes a job before approval and after 180 days of filing for I-485 then the new job should be similar to one specified in LC. Salary need not be exact but job description and salary range should be similar (in the absense of AC21 regulations, one should go only this far, it is upto you what you want to consider as "similar" and based on that to what extent you want to take risk).

2)EB2/EB3 category is dictated by your GC job description in your LC filing. As per your LC if it is EB3 then "NO" you cannot change to EB2 even if you have MS or Phd or more than 5 years of experience in same field. Lets say there is a job at gass station to fill gas then even if one has Phd. it doesn't matter! That person still need to stand next to the pump and cannot demand for some luxury executive type of office etc. and special treatment.

Goodluck
PCee

PS: Before making any decision consult a good immigration attorney.