Question on EB3-> EB2

Hi
I am also pondering about applying for EB2 perm. I currently have an approved EB3 I-140 with PD of Mid of 2003 which is pending consular processing. SInce EB3 has retrogressed so behind I was pondering on filing an EB2 PERM through the same employer (since I had a Master's degree before I joined the current employer) and having my EB3 PD of Mid 2003 TRANSFERRED to the future EB2 petition. I have some questions related to the future EB2 PERM petition, could someone please clarify on it

1) If for some reason my EB2 PERM DENIAL happens at the Labor or I-140 or I-485 stage, will current EB3 petition with pending Consular processing be AFFECTED by any means? If it gets affected can you let me know WHY it will get affected?
2)Can EB3 petition pending with CP and future EB2 petition (with possible I-485) both proceed parallely ie Can both petitions be running INDEPENDENTLY and PARALLELY? If not how are both processes considered to be running?

Thanks in advance
 
EB2 140 filing

All,

I have applied for 140 2 weeks back with EB3. few days back I got EB2 perm labor approved. If I file for 140 through EB2 will that affect my current processing.can I retain the PD of EB3 for filing 485 if my 140 is approved through EB2. appreciate your help.

:)
 
Bumping it up. Could somebody please comment on it please.

rrajendr said:
Hi
I am also pondering about applying for EB2 perm. I currently have an approved EB3 I-140 with PD of Mid of 2003 which is pending consular processing. SInce EB3 has retrogressed so behind I was pondering on filing an EB2 PERM through the same employer (since I had a Master's degree before I joined the current employer) and having my EB3 PD of Mid 2003 TRANSFERRED to the future EB2 petition. I have some questions related to the future EB2 PERM petition, could someone please clarify on it

1) If for some reason my EB2 PERM DENIAL happens at the Labor or I-140 or I-485 stage, will current EB3 petition with pending Consular processing be AFFECTED by any means? If it gets affected can you let me know WHY it will get affected?
2)Can EB3 petition pending with CP and future EB2 petition (with possible I-485) both proceed parallely ie Can both petitions be running INDEPENDENTLY and PARALLELY? If not how are both processes considered to be running?

Thanks in advance
Click to expand...
 
Currently I have my EB3 with priority date of mid 2003 LCA and its corresponding I-140 approved. I would like to know

1) whether it would be possible to file EB2 PERM LCA followed by EB2-140 with MS + 1 year/0 year experience for a more senior position (ie Senior Programmer Analyst) with the SAME EMPLOYER and have the OLD PRIORITY DATE OF mid 2003 TRANSFERRED to the new EB2 I-140? What is the CRITERIA for doing it and what CASES are not possible. If possible can you describe HOW could it be done (ie what PERM job position, job requirement qualifies for EB2 and its advertisement details and when and how is the priority date transferred to the new EB2 1-140).
2) I also heard that for a given employer/employee with approved EB3
I-140, the SAME EMPLOYER CAN'T refile for EB2 PERM LC to RETAIN THE
OLD PD(of EB3), followed by EB2-I-140 since refiling(to retain the old
PD of EB3) is possible for the same employer/employee only if the job
description, employer, job location, alien job title, job requirements
REMAIN the same. Hence then it would mean again I could only refile
EB3. Is that TRUE? Can you please point me to the LEGISLATIVE article
if possible? Currently I have my EB3 with priority date of MID OF 2003 LCA and its corresponding I-140 approved. I would like to know
 
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