What is the Plan for the ones filed for 485 under EB3 India with a PD after April 01?

heartzealhere

New Member
This is for the folks who have already filed the 485 under EB3 and the application has been pending over 6 months and is near approval, the only wait being the PD becoming current.

1.Could a new EB2 Labor and 140 be filed thru the same/different company and could the PD be transfered from the EB3 application(older pd) to the EB2 140?
2.If this is possible, What happens to the existing 485 application?
3.Could the same partially processed 485 be used with the "old PD"-"New EB2" combination?
4.Are there any caveats with shifting base in this instance?

thank you
 
New Perm filed on Eb2

heartzealhere said:
This is for the folks who have already filed the 485 under EB3 and the application has been pending over 6 months and is near approval, the only wait being the PD becoming current.

1.Could a new EB2 Labor and 140 be filed thru the same/different company and could the PD be transfered from the EB3 application(older pd) to the EB2 140?
A. Yes
2.If this is possible, What happens to the existing 485 application?
A. No need to file new 485. Apply for the new 140 and once is approved send approval notice to update your 485 with the new PD
3.Could the same partially processed 485 be used with the "old PD"-"New EB2" combination?
See # 3
4.Are there any caveats with shifting base in this instance?
A. Going thru perm again :mad:

thank you

andy
 
Andy , thx for the response, Few more followup questions below (in bold, underline and Italics)

Originally Posted by heartzealhere
This is for the folks who have already filed the 485 under EB3 and the application has been pending over 6 months and is near approval, the only wait being the PD becoming current.

1.Could a new EB2 Labor and 140 be filed thru the same/different company and could the PD be transfered from the EB3 application(older pd) to the EB2 140?
A. Yes..Is doing the perm filing thru another employer better?
2.If this is possible, What happens to the existing 485 application?
A. No need to file new 485. Apply for the new 140 and once is approved send approval notice to update your 485 with the new PD..I suppose you meant, update the 485 application with the category change from EB3 to EB2, correct?
3.Could the same partially processed 485 be used with the "old PD"-"New EB2" combination?
See # 3
4.Are there any caveats with shifting base in this instance?
A. Going thru perm again How difficult is it to get the EB2 Labor approved without a MAsters degree?

5.What is the right time to join the new employer in this case?
 
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