Retrogression Q: Gurus Help (finding way around)

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rs_mangat

Registered Users (C)
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.
 
I guess your lawyer is correct..

You should be in a non-immigrant status to apply for labor/I140/AOS etc.
If you are already in AOS then you do not qualify to re-apply for LABOR.

That's the reason why your lawyer has told you that you cannot apply
for PERM if you have entered into the US using your AP. Using your AP automatically defies your status as h1 and switch to non-immigrant waiting for adjustment of status.

Hope this helps.

Good luck
//
ps: I am not a lawyer and not planning to be one. Consulting a competent one
is advised.
 
No. what i've read at all posts is that using Advance Parole DOES NOT take away your H1 status as long as I don't use EAD.

My attorney was sure that i can file PERM but was not sure if I can use old EB3 PD if i have used AP...
 
United nations...
THANKS!! I heard that u r REAL GURU

So what you are saying is that IT IS POSSIBLE that file a new EB2 PERM. Get it approved & then file I-140. Get it approved & then instead of filing a new 485, I can refer them to my old 485 (EB3) & my case will become EB2 from EB3 with OLD PD??

PLEASE ANSWER!
 
United nations...
THANKS!! I heard that u r REAL GURU

So what you are saying is that IT IS POSSIBLE that I file a new EB2 PERM. Get it approved & then file I-140. Get it approved & then instead of filing a new 485, I can refer them to my old 485 (EB3) & my case will become EB2 from EB3 with OLD PD??

PLEASE ANSWER!
 
rs_mangat said:
United nations...
THANKS!! I heard that u r REAL GURU

So what you are saying is that IT IS POSSIBLE that I file a new EB2 PERM. Get it approved & then file I-140. Get it approved & then instead of filing a new 485, I can refer them to my old 485 (EB3) & my case will become EB2 from EB3 with OLD PD??

PLEASE ANSWER!
Click to expand...
What REAL GURU? He said unnecessary. But, you answered your question well by yourself, didn’t you?
 
Last Q:
Since my I-140 is already approved for EB3. Do I have to file for I140 for EB2 also?? OR like 485, I can also refer to the OLD I140 I had filed for EB3.
 
Anybody has an idea about how long it is taking to get 140 approval in premium processing?
 
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