Filed I 485, EB3 to EB2 Change possible?

[kishorepalle]

Dear Members,

I have a question for you all. My I-485 was filed in July 2007. But my employer filed and processed my green card in EB3 category even when I had masters degree from University here in USA.

My Priority date is Aug 15 2006.

I consulted an attorney to see the possibility of moving my application from EB3 category to EB2. She advised that if I do that I have to restart the whole process again right from labor and also the company should show that I got promoted to managerial level or something similar. This is to ensure that my application is qualified to be taken under EB2 while EB3 is pending still.

I checked with the company and the company is OK with the re-filing. My question to you all is, if we go through with refiling the case into EB2, what will happen to my current priority date and for some reason let's say if my new labor application or new I 140 (under EB2) gets rejected, would I still hold on to the EB3 processing??

Also, what do you guys think of the whole change of the category?? The processing difference for EB3 & EB2 is huge, as it stands right now EB3 it is 2001 and EB2 is 2005 I believe. So I thought may be if I change, it will help me get my GC sooner.

Any help in pointing me in right direction is highly appreciated.

[DMX17]

If I were you I would go for it. Even if the new I-140 is rejected, the old case remains valid.

It is possible to recapture the EB-3 PD on to the EB-2 I-140 when you file for the new EB-2 I-140.

For PERM, there is a post with a discussion on why the new position for PERM has to be more than 50% different. The EB category has to do with what the company job requirements are and not what you have.

[DMX17]

http://www.immihelp.com/forum/showthread.php?t=40741&highlight=Substantially

http://www.immihelp.com/forum/showthread.php?t=50430

[kishorepalle]

Change from EB3 to EB2

Thanks DMX17 for your reply.

Just to re-iterate what you suggested, Even if I re apply the whole case under EB2, I'd still hold onto the priority date.

So, it is good to re-apply in EB2 category now. I understand that this is a very generic and vague question but, what do you think are the chances that there may be something going wrong with the new EB2 filing.

And any chances to dates becoming current anytime soon??