Please give me answers to my questions on EB3 concurrent

D

Daroz

Registered Users (C)
Hi,
Anybody tell me what is the difference between EB2 and EB3 ? Is there any disadvantages in EB3 filing ? If yes, Is it possible to change from EB3 to EB2 after getting clear EAD.Anybody got cleared I-140 who applied in Sep 2004 in EB3 concurrent filing?

Please give answers to my questions.
 
To file in EB2,
your labor certification must require Masters degree or Bachelors degree and 5 years experience (AND) you must also have a masters degree or bachelors degree and 5 years progressive experience (obviously!)
The advantage of EB2 currently is that there's no priority date cutoff, so your 485 would be eligible for approval regardless of your priority date.

Can you change from EB3 to EB2 -- I think if you meet the requirements for EB2, you might be able to file a new 140 for EB2 and request CIS to interfile the 140 with your current file (not sure about this)
 
Chat User : Can an EB2 labor with a Master’s degree be used to file I-140 and I-485 in EB3 category?

Attorney Murthy : The LC, which requires an MS Degree as the minimum education, will have to be filed in the EB2 category. If the source of the problem is that the person did not have a Master's degree or its equivalent in terms of education, there is a risk the USCIS will deny that person's I-140 petition. Then the only safe route, unfortunately, is to file a new LC or PERM case to avoid this problem.

RSK : If 140 is denied under EB2/RIR category, does one need to start over from new LC or file I-140 in EB3 category using old LC? Thanks in advance.

SPEAKER_Attorney_Murthy : It depends on the reason for the I-140 denial. If the denial was based on the person checking off the wrong box on the Form I-140, then merely filing a new I-140 is sufficient. Otherwise, if the LC was not done correctly, then a new LC may have to be filed.
 
Last edited by a moderator:
I-140 cleared

Hi guys,
My I-140 Is cleared today.
How many days it will take to clear I-485 in EB3 concurrent?
Is there anybody like both cleared together or one month difference?
 
Daroz said:
Hi guys,
My I-140 Is cleared today.
How many days it will take to clear I-485 in EB3 concurrent?
Is there anybody like both cleared together or one month difference?
Click to expand...
Hi daroz,
what is your PD and also what is your RD/ND? Are your from retrogressed country?
Thanks
KK
 
Hi,
We are from India.
EB3-NSC (concurrent)
140/485/AP/EAD RD-09/10/04
EAD,AP Approved -11/08/04
FP-12/08/04
I-140 Aprroved: 04/20/05
I-485: ???
 
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