re-applying I-485 in EB2 category

T

tgupta1419

New Member
Hello,
My wife had applied in EB3(PD Nov' 2002) independently. My case was applied in EB2 (PD Mar' 2003). Her LC was approved earlier and since the PD was current at that time she applied for I-140 and I-485(for her and me too). My LC and I-140 has been approved since then. But, the situation has become really tricky after retrogession. Since the PD for EB3 (India) is moving very slowly (Apr'2001), we are thinking of revoking of earlier I-485 for both of us and re-applying the I-485 in EB2 category(since it is now the date is Jan'03). Since the EB2 for me may be current in 2-4 months of time this is the faster route. But, I would like to know if there are any pitfalls if we go this way. Has anyone done this.


EB2
PD Mar 2003
140 RD 06/2005
140 AP 09/2005
485 RD 07/2005 (secondary)
 
Do not revoke your EB-3 I-485. Get your EB-2 I-140 approved and then request USCIS to change underlaying I-140 of your I-485 (when PD becomes current for EB-2). If safer & very easy way.



tgupta1419 said:
Hello,
My wife had applied in EB3(PD Nov' 2002) independently. My case was applied in EB2 (PD Mar' 2003). Her LC was approved earlier and since the PD was current at that time she applied for I-140 and I-485(for her and me too). My LC and I-140 has been approved since then. But, the situation has become really tricky after retrogession. Since the PD for EB3 (India) is moving very slowly (Apr'2001), we are thinking of revoking of earlier I-485 for both of us and re-applying the I-485 in EB2 category(since it is now the date is Jan'03). Since the EB2 for me may be current in 2-4 months of time this is the faster route. But, I would like to know if there are any pitfalls if we go this way. Has anyone done this.


EB2
PD Mar 2003
140 RD 06/2005
140 AP 09/2005
485 RD 07/2005 (secondary)
Click to expand...
 
Eb2 Eligibilty Question

I subtituted labor 86k salary, Master degree with one year exp.
I got I-140 approved in EB3. Is that Iam eligible for Eb2?
 
kssreddy1 said:
I subtituted labor 86k salary, Master degree with one year exp.
I got I-140 approved in EB3. Is that Iam eligible for Eb2?
Click to expand...

Apply I-140 again in EB-2 if LC job description is asking for Master degree
 
deshi_1234 and gp111,

thank you guys. I just wanted to double check mine. it is right and EB2.
deshi_1234 said:
i had similar approval notice, which was EB2.
Check the jpg.

I circled the part where it says EB2
Click to expand...
 
Actually guys, you can apply for multiple 485s. My lawyer from my previous company did that and since then I have moved on to another company using AC21. The lawyer from my new company reviewed my immigration papers and she too thinks it is perfectly OK to have multuiple 485s. Both are very competent lawyers.
Please check with your lawyer, it may not be a big deal after all.
---------------------------------------------------------------------------

Country: India.
Labor(self) Applied: Nov 2002
Labor Approved: Aug 2005
140(EB2)/485/EAD/AP: RD=Sep 28 2005. ND=Oct 3, 2005(WAC06002..)
EAD/AP Approved: Sometime in NOV/DEC 2005.
140 Approved: May 9 2006.
485: Pending.

The other GC
Labor(self) Applied: Feb 2004
Labor Approved: May 2004
140(EB3)/485/EAD/AP: RD=Dec 21 2004. ND=Dec xx 2004.
EAD/AP Approved: Sometime in Feb 2005.
140 Approved: Sometime in Feb/March 2005.
485: Pending.
 
Eb2

azamani123 said:
deshi_1234 and gp111,

thank you guys. I just wanted to double check mine. it is right and EB2.
Click to expand...


Employment-based:

(a) First preference: Priority workers (persons with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers): not more than 28.6% of the employment-based total, plus any visa numbers not required by the fourth and fifth preferences (Sec. 203(b)(1)).

(b) Second preference: Members of the professions with advanced degrees and persons of exceptional ability: not more than 28.6%, plus any numbers unused by the first preference (Sec. 203(b)(2)).

(c) Third preference: Skilled workers, professionals (without advanced degrees), and other (i.e., unskilled) workers: not more than 28.6%, plus any numbers unused by the first two preferences, of which not more than 10,000 numbers are available for unskilled workers (Sec. 203(b)(3)).
 
Re-applying I485

I filed my I485 EB3 in 2003(approved 140) PD Oct02 and is stuck in retrogression.
Now I got perm EB2 labor approved with same employer.

After new I140 EB2 is approved and old Priority date is established
Should I
1) File for new I485?
2) Interfile I485( request DHS to switch Old I485 Category to EB2)
or something else?

Bottom line is I want to get Green card Quick without taking any risk.



Thanks for help
 
lxs said:
I filed my I485 EB3 in 2003(approved 140) PD Oct02 and is stuck in retrogression.
Now I got perm EB2 labor approved with same employer.

After new I140 EB2 is approved and old Priority date is established
Should I
1) File for new I485?
2) Interfile I485( request DHS to switch Old I485 Category to EB2)
or something else?

Bottom line is I want to get Green card Quick without taking any risk.



Thanks for help
Click to expand...

I would request DHS to Switch I-485 Category to EB-2 (change underlaying approved I-140). That will be the quickest way to get I-485 approved (as its been pending for last three years & must have got Name Check etc cleared)
 
Thanks gp111
I think I will do as you suggested.

Is there anyone out there who re applied in EB2 and Interfiled I485( switched underlying 140) and got GC?
 
GC approved

GC approved last week

proud_hindu said:
Actually guys, you can apply for multiple 485s. My lawyer from my previous company did that and since then I have moved on to another company using AC21. The lawyer from my new company reviewed my immigration papers and she too thinks it is perfectly OK to have multuiple 485s. Both are very competent lawyers.
Please check with your lawyer, it may not be a big deal after all.
---------------------------------------------------------------------------

Country: India.
Labor(self) Applied: Nov 2002
Labor Approved: Aug 2005
140(EB2)/485/EAD/AP: RD=Sep 28 2005. ND=Oct 3, 2005(WAC06002..)
EAD/AP Approved: Sometime in NOV/DEC 2005.
140 Approved: May 9 2006.
485: Pending.

The other GC
Labor(self) Applied: Feb 2004
Labor Approved: May 2004
140(EB3)/485/EAD/AP: RD=Dec 21 2004. ND=Dec xx 2004.
EAD/AP Approved: Sometime in Feb 2005.
140 Approved: Sometime in Feb/March 2005.
485: Pending.
Click to expand...
 
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