Question about labor substitution

D

dbar

Registered Users (C)
My company is offering me EB3 labor with the PD of March 2003. Looking at the current situation, I don't think things are going to progress much for EB3. (I have EB2 PERM labor approved right now). Can I file for 2 I-140s ( One for the March 03 EB3 labor and one for Oct 06,EB2 labor and then use EB2 category and March 03 date to file for 485? I think this is possible under normal circumstances, but not sure if I can do this with a substituted labor.

( I am aware of strong views towards labor substitution on this forum and I used to be one of them. But when an opportuinity like this presents itself, you forget everything :) ) Anyway, the job descriptions are similar.

Thanks!
 
Yes, you can file for 2 I-140's
I am just echoing your concerns for a crisper answer
1) Would it be a problem since you are retaining a EB-3 PD for EB-2?
2) Would it be a problem because the older PD is from labor substitution?

Hoping no RFE's wrto 140's, employer is in good standing.
Your pettitions are with same employer, so it's less complicated.
Get the older PD, worst case, you wont' get the older date.
You can make the choice for I-485 at a later point in time.

Disclaimer: Not an attorney, seek professional/experienced advice
 
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