GURUS,
Please help.
My EB3 PD is June 2002 (India). Since I'm stuck, I asked my attorney if I can file EB2 as well & use my EB3 PD.
She told me that she can file my new PERM in EB2 & after it gets approved, I can capture my old EB3 PD to file for 485.
But the only problem is: I also have H1 for all these years (as a backup). Even though i have EAD but i never used it. I always used to use & travel on H1. But during my last visit I used AP to enter. She said that if I HADN'T used my AP to enter US (instead of H1), then I would've been ok to file EB2 (as above) but since I've entered as EB3 parolee she is not sure if I can do it.
Is it true??
GURUS PLEASE RESPOND. I am sure you guys know much more than her.
Please help.
My EB3 PD is June 2002 (India). Since I'm stuck, I asked my attorney if I can file EB2 as well & use my EB3 PD.
She told me that she can file my new PERM in EB2 & after it gets approved, I can capture my old EB3 PD to file for 485.
But the only problem is: I also have H1 for all these years (as a backup). Even though i have EAD but i never used it. I always used to use & travel on H1. But during my last visit I used AP to enter. She said that if I HADN'T used my AP to enter US (instead of H1), then I would've been ok to file EB2 (as above) but since I've entered as EB3 parolee she is not sure if I can do it.
Is it true??
GURUS PLEASE RESPOND. I am sure you guys know much more than her.