Move from EB3 to EB2 -- Need Advice

wizards

Registered Users (C)
Hi All

I am in a weird situation -- please give me some advice..

Currently i am in a CompanyA and i have my labor and 140 approved. My labor category is EB3 and Priority date is Aug'2003.
If i switch to a new CompanyB and if CompanyB can give me an approved labor (EB2 Category - PD Jan'2006)..can i make use of approved labor?
If yes then will i retain my priority date of Aug'2003.
And if EB2 dates reach Aug'2003 will i be able to apply for 485 by working in CompanyB?

Please help
 
You should be able to retain your earlier PD if you have got approved 140 on that PD. You can file new EB2 140 with a copy (or original??) of approved 140 and requesting USCIS to retain the earlier PD. Check Rajiv Kann's Q&A for more details. Your lawyer would be able to take care of this.

wizards said:
Hi All

I am in a weird situation -- please give me some advice..

Currently i am in a CompanyA and i have my labor and 140 approved. My labor category is EB3 and Priority date is Aug'2003.
If i switch to a new CompanyB and if CompanyB can give me an approved labor (EB2 Category - PD Jan'2006)..can i make use of approved labor?
If yes then will i retain my priority date of Aug'2003.
And if EB2 dates reach Aug'2003 will i be able to apply for 485 by working in CompanyB?

Please help
 
wizards said:
Hi All

I am in a weird situation -- please give me some advice..

Currently i am in a CompanyA and i have my labor and 140 approved. My labor category is EB3 and Priority date is Aug'2003.
If i switch to a new CompanyB and if CompanyB can give me an approved labor (EB2 Category - PD Jan'2006)..can i make use of approved labor?
If yes then will i retain my priority date of Aug'2003.
And if EB2 dates reach Aug'2003 will i be able to apply for 485 by working in CompanyB?

Please help

You can lose your PD even after porting, if I-140 is revoked by Company A. Please handle this very carefully as there are risks involved.

Please consider consulting an attorney.

Good Luck.

 
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