EB3 to EB2 conversion

[asunil604]

I have approved EAD on EB3 category (year 2005)
Now i want convert my status from EB3 to EB2

If i apply now for labor and I-140 on EB2 category, after approval can i convert my EB3 status to EB2 status with old date i.e year 2005?

Please suggests

Thanks
SUNIL KUMAR

[txh1b]

Is it a same employer or different employer? Same position or different position?

Your old PD could be captured for the EB2 petition. But the validity of the EAD and AP is what I am unsure about. You would have to wait for the PD to be current again to apply for I485 again is my guess.

I also remember reading there is a possibility to interfile but memory is faint on that matter. You could interfile with your pending I485 after your EB2 gets the PD of EB3 and I140 gets approved. If that can be done even while the PD is not current is something that I do not know.

You need to hire a good attorney for this. Getting the EB2 labor approved is a big deal these days.