Retrogression Q: GURUS Help

[rs_mangat]

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.

 

[Want GC Soon]

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.

Your attorney is WRONG. Even though you have used your AP to enter US, you are still on H1B. Please note that using EAD only invalidates your H1B status. You should be good to file a PERM labor under EB2 if your attorney doesnt feel that would cause an issue here.

Good Luck!

 

[rs_mangat]

Thanks for your answer.
But after I get my PERM approved, can I capture the EB3 PD.
In other words, Do I have to file a new 485 or I can use the old 485??

 

[Want GC Soon]

Thanks for your answer.
But after I get my PERM approved, can I capture the EB3 PD.
In other words, Do I have to file a new 485 or I can use the old 485??

As per my understanding, you would need to file your new 485 and dont know if you can capture your old PD. Your attorney should be able to answer that for you.