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EB3 to EB2 while changing I-485 is pending

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  • EB3 to EB2 while changing I-485 is pending

    Dear Members,

    I have been following this forum and see a lot of knowledgable people offering advice to users with their Immigration related questions.

    May be some one can help with my question too.

    My I 485 is still pending and was filed for in Aug 2007. I am in EB3 category and with the same employer for the last 5 years. I am on H1-B currently. I have EAD (renewed BTW) but never used. My priority date is Aug 16 2006.

    I'd like to change to EB2 from EB3. Here are my questions,
    1. If I need to change, do I have to go through Labor and 140 process again even if I am with the same employer?
    2. Can I file for new I 485 under EB2 based on the I 140 approved in EB3?
    3. can I have two applications one each under EB3 and EB2?
    4. Given my case, is it worth filing for a change in EB2 from EB3?


    Any help is very much appreciated.

    Best Regards.
    Fellow Member.

  • #2
    1. Yes
    2. No
    3. No, Not for the same job/position. The position should be different as it now requires a EB2 person to fill in and so should the requirements for it too. Google and read about inter filing.
    4. You should know.
    Last edited by txh1b; 10-14-2009, 03:52 PM.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Originally posted by txh1b View Post
      1. Yes
      2. No
      3. No. Google and read about inter filing.
      4. You should know.
      Thanks Txh1b.

      Comment


      • #4
        Same here

        I have the same situation. Can you let me know additional info??

        Thanks,

        Comment

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