Switching From EB3 to EB2 - Need your Advice

[MalliGC]

Urgent - Switching From substitue EB3 labor to EB2

Hi,
I filed my GC under EB3 category.

Substitute Labor PD - July 2002 ; Labor Approved - Aug 2003
I 140 filed - Dec 2003 ; I 140 Approved - Aug 2004
I 485 filed - Mar 2004 ; Waiting for Approval.............???

But still am working under H1B. It looks like I have been waiting for a long time. As I have a Master Degree, I have a plan to switch from EB3 to EB2 thru PERM.

* Can I use my Old EB3 Priority date to EB2 even though I applied I-485 under EB3 ?
* Please let me know is there any risk involved if am using Substitute Labor PD.

UN or Ginnu or anyone please reply me..

Thanks.

 

[ginnu]

Hi,
I filed my GC under EB3 category.

Substitute Labor PD - July 2002 ; Labor Approved - Aug 2003
I 140 filed - Dec 2003 ; I 140 Approved - Aug 2004
I 485 filed - Mar 2004 ; Waiting for Approval.............???

But still am working under H1B. It looks like I have been waiting for a long time. As I have a Master Degree, I have a plan to switch from EB3 to EB2 thru PERM.

* Can I use my Old EB3 Priority date to EB2 even though I applied I-485 under EB3 ?
----------------------YES, as You have I-140 approved
* Please let me know is there any risk involved if am using Substitute Labor PD.
-----------------when you file second I-140 write your A# on the second I-140 form and also inform your lawyer to recapture early PD for second I-140.
** if you are planning to use other person LC of EB2 then go to lawyer and ask if you are eligible to use that LC you need to have same education,exp on the date that LC was filed. FYI LC substitution is going to be eliminated.

UN or Ginnu or anyone please reply me..

Thanks.

-------------------

 

[MalliGC]

Ginnu - Thanks for your reply.
If for some reason my EB2-GC process is denied, what will happen to my old EB3-GC process?

Thanks.

 

[ginnu]

Ginnu - Thanks for your reply.
If for some reason my EB2-GC process is denied, what will happen to my old EB3-GC process?
----------------nothing will happen to EB3 pending I-485 if EB2 LC or I-140 gets denied
Thanks.

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