two I-140's approved (Eb2,Eb3) do I need two 485's?

[bajalobo]

Guys need some advice,

I have a retrogressed 485, (I-140 Approved), Mexico Eb-3 (Perm) Priority date may05.

however in december i received the approval for an Eb2 LC filed in May 2003 (was backlogged), now my company is ready to file another I-140 for that LC, my question is:

a) do I need to file another 485?, or can they switch my previous 485 to this new 140 when approved?
b) If i do need another 485, can they be filed concurrently also?, the lawyer says they recommend doing 140 first and then 485 when apporoved..

(I'm with Same employer, same position, have an MBA from top 20 school, but my 2nd LC was filed eb3 because my stupid lawyer recommended my co, filing eb3 because for sure there wasn't going to be any retrogression, and it was going to be easier for them to hire more eb3's in the future @##$#%$)

 

[jc-gc]

two I-140 s

you have to apply I-140 for the EB2 application.since you got approved in this category,it is better to apply immediately in order to get the seniority in the PD (that is- May 2003). If you apply 485 for the EB 3 you will get the seniority only May 2005.just think which one is better.
Jc-gc

 

[bajalobo]

I already got one 485 filed

Maybe I didn't explain myself clearly, back in jun05 i applied concurrently for 140/485 with my Eb3 lc (I only had the eb2 Lc approved until december 05)...
I DID get that 140 approved but the 485 wasn't processed when all this retrogression bull came about...

so now that I have my original eb2 lc approved, we're getting ready to file a 140 with that lc, priority date is not an issue right now because eb2 is current for mexico.... my questions were regarding the 485:
a) can you do something like switch the previous 485 to THIS 140?
and if not...
b) should i file concurrently with this new 140? or wait for approval of second 140?

 

[kodak57]

You should be able to replace the approved EB3 140 with the approved EB2 140 and use the same 485. Please check with your lawyer.

Maybe I didn't explain myself clearly, back in jun05 i applied concurrently for 140/485 with my Eb3 lc (I only had the eb2 Lc approved until december 05)...
I DID get that 140 approved but the 485 wasn't processed when all this retrogression bull came about...

so now that I have my original eb2 lc approved, we're getting ready to file a 140 with that lc, priority date is not an issue right now because eb2 is current for mexico.... my questions were regarding the 485:
a) can you do something like switch the previous 485 to THIS 140?
and if not...
b) should i file concurrently with this new 140? or wait for approval of second 140?

 

[catch_22_4_GC]

What you have to do is file a new I-140 based on your EB2 LC. After this is approved, file a new I-485 against the approved EB2 I-140 petition (with an earlier Priority Date). In the I-485 form, there is a field for A#(if any). This is your Alien # and can be found on your exisiting EB3 I-485 receipt notice or else on your EAD. In this field, type in your exisiting EB3 I-485 A# (or from your EAD). This would ensure that USCIS would port your EB2 and EB3 485's. File this with USCIS with a cover letter citing Pearson's memo (find attached) and your eligibility for it.

You can also do the same by filing your EB2 I-140/I-485 concurrently, if your Prirority Dates are current.

Search for keyword 'Pearson memo' on this forum if you need more info.

Having said this, I have to caution you that USCIS may wonder why the same position for the same employer requires EB2 skills (Masters or Bachelors +5 years progressive experience) for one LC and EB3 skills (Bachelors) for the other.