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Filing new EB2 with an existing EB3 & I-140 cleared

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  • Filing new EB2 with an existing EB3 & I-140 cleared

    Hello Friends

    I need some advise on a particular scenario

    1. I have an approved EB3 labor(PD Sep 2003) and approved I-140 and a pending 485(since nov 2004). Wife also filed for 485 in the same application..

    2. H1 expired in 2005, been using EAD and AP to work and travel.

    3. I would like to see if i can avail of this option -- Apply for EB2 in perm ( I qualify for that). Apply for I-140 in premium once EB2 is approved.

    4. Once i get I-140 approval , i could use the previously approved I-140 PD.

    5. Continue to use current EAD (based on Eb3 petition) and file for 485 in CP once the PD becomes current.

    Reason behind all this is my wife and kid are in India (kid born recently in india due to unavoidable circumstances).

    So step 5 allows me to add my wife and kid to my application at that time ( assuming I read the law correctly).

    Any advice? appreciate your time in reading and replying to this

    k

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