with CP in progress, can one apply for new LC?

W

willwin

Registered Users (C)
Friends,

My PD is March 2005/EB3 India.

My Form 230 is approved and forwarded to Chennai on August 15th 2007.

With PD having retrogressed back to Apr 2001 for EB3, India and USCIS news that there were 800,000 AOS (485) applications in July and August 2007 alone, to me, the chance for my PD becoming current is not anywhere in the near future and may take minimum 3 years or so from now.

I was wondering if I could file another LC in EB2 (through the same employer, ofcourse) and use the same PD (Mar 2005) and file for AOS whenever my PD becomes current in EB2. And, parallely maintain my current CP case (EB3) alive. Is this possible? Are there any pitfalls or risk involved in this? And once I get GC through one of the two, can I cancel the other one?

Experts, please advise.
 
No one?

willwin said:
Friends,

My PD is March 2005/EB3 India.

My Form 230 is approved and forwarded to Chennai on August 15th 2007.

With PD having retrogressed back to Apr 2001 for EB3, India and USCIS news that there were 800,000 AOS (485) applications in July and August 2007 alone, to me, the chance for my PD becoming current is not anywhere in the near future and may take minimum 3 years or so from now.

I was wondering if I could file another LC in EB2 (through the same employer, ofcourse) and use the same PD (Mar 2005) and file for AOS whenever my PD becomes current in EB2. And, parallely maintain my current CP case (EB3) alive. Is this possible? Are there any pitfalls or risk involved in this? And once I get GC through one of the two, can I cancel the other one?

Experts, please advise.
Click to expand...


No one has any suggestion, update??? WOW!!!
 
post

i am not a lawyer but i don't see any problem in applying.

my eb3 pd is sept 24, 2004 and case forwarded to US Mumbai consulate on aug 16, 2007. all i need is a miracle to get CP interview soon :D

i want to apply under eb2 as well but hesitant due to the lawyer costs and I-140 PP unavailability.

you can switch from eb3 to eb2 provided the original position mentioned in the labor certification petition should be consistent with eb2.
u have to file an amendment to your original certified I-140.

post the question on other immigration forums as well.
 
Thanks Vintin!

vintin said:
i am not a lawyer but i don't see any problem in applying.

my eb3 pd is sept 24, 2004 and case forwarded to US Mumbai consulate on aug 16, 2007. all i need is a miracle to get CP interview soon :D

i want to apply under eb2 as well but hesitant due to the lawyer costs and I-140 PP unavailability.

you can switch from eb3 to eb2 provided the original position mentioned in the labor certification petition should be consistent with eb2.
u have to file an amendment to your original certified I-140.

post the question on other immigration forums as well.
Click to expand...


Thanks Vintin! Finally one person had the time to respond :)

Vintin, I will post this question in other forums as well. Meantime, do you know if there is a way to change the exisiting application with Chennai Consulate to EB2 once we get new labor and I140 certified? I guess this is possible with 485 (they call it as interfiling).
 
i did the analysis and it is possible. There is no risk involved in it. Just make sure you have the experiences of EB2 before you join your current employment. however i was lucky that i got my GC before I started the second EB2 appln. :).
 
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