Reapply 140 under EB2

G

gg77

Registered Users (C)
I have been reading about this in some forums,
but am not sure if this is valid.

I have my EB3 labor and 140 approved.
Can I reapply 140 under EB2 (with same employer),
by claiming your experience
gained over last 2 years, Masters degree,etc.

Is this possible? if so, are there any problems assosiated with it?
 
Gg77,
I just started the same proccess. I finished my MBA in 2004. I have been with this company for 6 years.
According to my lawyer there will be no problems.
You just need to get a promotion from your employer. Does not have to be anything significant just a change in the title compared to the one under which you filed for EB3.
 
then, can you retain the PD of EB3

Hi Tedum

Referring to your posting to the question raised by Gg77, I would like to get a clarification.

Question: Staying with the same employer, and reapplying under EB2 now, (having EB3 approved, I140 Approved), can you invoke the PD of EB3 or would it be new priority Date of now?? :confused:

Appreciate your info on this.

thanks :)


tedun said:
Gg77,
I just started the same proccess. I finished my MBA in 2004. I have been with this company for 6 years.
According to my lawyer there will be no problems.
You just need to get a promotion from your employer. Does not have to be anything significant just a change in the title compared to the one under which you filed for EB3.
Click to expand...
 
HOPE_GC_SOON said:
Hi Tedum

Referring to your posting to the question raised by Gg77, I would like to get a clarification.

Question: Staying with the same employer, and reapplying under EB2 now, (having EB3 approved, I140 Approved), can you invoke the PD of EB3 or would it be new priority Date of now?? :confused:

Appreciate your info on this.

thanks :)
Click to expand...

I think if your I-140 under Eb-2 is approved then you can relink your Eb-2 approval with the existing I-485 filed alongwith I-140 under Eb-3. You can use the EB-3 PD.

I got the approval under EB-2NIW I-140 and now i am applying under EB-1. If my I-140 is approved then i can relink with the existing I-485 already filed. That is what my attorney told me.

Hope it helps
 
madgu-gc2005,
What is the pre-requisite to apply under EB-3?

Thanks in advance.

madgu-gc2005 said:
I think if your I-140 under Eb-2 is approved then you can relink your Eb-2 approval with the existing I-485 filed alongwith I-140 under Eb-3. You can use the EB-3 PD.

I got the approval under EB-2NIW I-140 and now i am applying under EB-1. If my I-140 is approved then i can relink with the existing I-485 already filed. That is what my attorney told me.

Hope it helps
Click to expand...
 
HOPE GC SOON
I will use the old PD. That's the whole point because I am stuck in retrogression. My PD is July 2002, ROW.
 
Can I use EB3 PD

Tedun:

Thanks for your reply. Can you just help me understand better in my case.

I have EB3 labor filed in Nov 04. In the meantime, I filed EB2 in PERM during Oct 2005 and got it cleared. Also I140 was cleared for EB2 labor. Both these are from the same employer.

One month ago, I received a letter from Backlog center, that my EB3 case was cleared. That means, I now have EB3 cleared with 11/04 PD and EB2 cleared with 10/05 with I140 approved.

Can I file 485 when EB2 PD become Dec04 as current, using my cleared EB3 PD,(for the cleared I140 of EB2).

Not sure, whether I am getting confused here. If you can help me, can u please let me know, what I have to do . Both EB2 and EB3 are from the same employer.

appreciate your help

thanks :)


tedun said:
HOPE GC SOON
I will use the old PD. That's the whole point because I am stuck in retrogression. My PD is July 2002, ROW.
Click to expand...
 
You will not be able to apply for 485 when Dec 2004 gets current ebcause you do not have an I140 approved with PD Dec 2004. Your I140 is for approved for 2005 if I gt it right.
I do not know if you need to refile I140 under Eb2 with PD'04, or there is a way to change the PD on the already cleared I140.
 
Hope_gc_soon

all you need to do is get a 140 approved under your eb3 case. once you have that, then you apply for 485. in that application, you send both the 140 for eb2 and the 140 for eb3 and you indicate that you will be usiing the oldest priority date.
so you can do it, but you need to get the 140 for both cases. good luck!

HOPE_GC_SOON said:
Tedun:

Thanks for your reply. Can you just help me understand better in my case.

I have EB3 labor filed in Nov 04. In the meantime, I filed EB2 in PERM during Oct 2005 and got it cleared. Also I140 was cleared for EB2 labor. Both these are from the same employer.

One month ago, I received a letter from Backlog center, that my EB3 case was cleared. That means, I now have EB3 cleared with 11/04 PD and EB2 cleared with 10/05 with I140 approved.

Can I file 485 when EB2 PD become Dec04 as current, using my cleared EB3 PD,(for the cleared I140 of EB2).

Not sure, whether I am getting confused here. If you can help me, can u please let me know, what I have to do . Both EB2 and EB3 are from the same employer.

appreciate your help

thanks :)
Click to expand...
 
Pm

HOPE_GC_SOON said:
Tedun:

Thanks for your reply. Can you just help me understand better in my case.

I have EB3 labor filed in Nov 04. In the meantime, I filed EB2 in PERM during Oct 2005 and got it cleared. Also I140 was cleared for EB2 labor. Both these are from the same employer.

One month ago, I received a letter from Backlog center, that my EB3 case was cleared. That means, I now have EB3 cleared with 11/04 PD and EB2 cleared with 10/05 with I140 approved.

Can I file 485 when EB2 PD become Dec04 as current, using my cleared EB3 PD,(for the cleared I140 of EB2).

Not sure, whether I am getting confused here. If you can help me, can u please let me know, what I have to do . Both EB2 and EB3 are from the same employer.

appreciate your help

thanks :)
Click to expand...

Hi HOPE_GC_SOON,
I just sent you a PM. Can you reply when you get a chance?

Thanks a lot.
 
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