Need some input/advice on EB3 and EB2

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belacut

Registered Users (C)
I am currently filed under EB3 with PD 4/03 ROW. I140 is about to refile due to first time denial.

I talked to my company, they are willing to move up my position and file an EB2 for me. (I am working for Logistics and have a MBA with 5+ more experience) So, how difficult if I get this route? If I go for this route, will it jeopordize my EB3 applications?
 
pkpkpkpk said:
You need to figure out why the 140 was denied the first time...
Click to expand...

We figured out and it is a seperate issue. Without filing the EB2, we will continue to file for EB3/I140. But now, a door is opened and I would like to know how easy or risky to take this route.

Bottomline - I don't mind to spend a few $$ but I don't want to risk my EB3 either.
 
EB3 with PD 4/03 is pretty good when you are considering to switch to EB2. Get an 140 approved in EB3 category first, then priority date becomes yours.
By taking that 4/03 PD you can try switching to EB2.
 
I second sr2610's suggetion. Take 140 approval for eb3. Once u've locked down the PD, then do EB2 and reclaim the earlier PD with EB2. So much better and faster in the long run. Will cost more money though...
 
dcmetro22042 said:
I second sr2610's suggetion. Take 140 approval for eb3. Once u've locked down the PD, then do EB2 and reclaim the earlier PD with EB2. So much better and faster in the long run. Will cost more money though...
Click to expand...

Thank you both of you.
I am from ROW. So, getting a better PD is not that important as long as ROW-EB2 is wide open.

But, what if I run the EB3/I140 and EB2 at the same time? Can I do that? If my EB2 didn't get certified or approved somehow, will i lose my EB3/I140?
 
Usually ok, if you are doing that simaltaneously in two different companies it will be fine, but if you do the same within the same company then INS may say so which position are you trying to apply this person to....so it becomes a question of justifying.

How can you defend yourself if you are being asked are you going to be an analyst as well as a manager at the same time? Just for the sake of example.
 
gc_retrogress said:
Usually ok, if you are doing that simaltaneously in two different companies it will be fine, but if you do the same within the same company then INS may say so which position are you trying to apply this person to....so it becomes a question of justifying.

How can you defend yourself if you are being asked are you going to be an analyst as well as a manager at the same time? Just for the sake of example.
Click to expand...

So, what is your suggestion to deal with this. (Tecnically deal with it)
Like should I get my EB3/I140 approved first. Then starts up a EB2 process? Will I able to get away with this?
 
Well my statements were questions themselves, apparently there are few on this forum who did that with the same company. The trick though would be to go with a good law firm.

Strong argument has to be made. Obviously it would be better if you get EB-3 I-140 approved and then apply for EB-2 PERM and transfer that PD to the new I-140. That should do it. Maybe you can justify at that point that you are now moving up the ladder to a better position, but currently you plan to stay with the old one until the new EB-2 is approved....something along those lines.


belacut said:
So, what is your suggestion to deal with this. (Tecnically deal with it)
Like should I get my EB3/I140 approved first. Then starts up a EB2 process? Will I able to get away with this?
Click to expand...
 
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