Changing from EB3 to EB2

[djayash]

Hi,

I would like to get some advice on the below scenario.

Employer A is processing my GC in EB3 category and PD is June 2005. I140 has been approved and I1485 is pending as the PD is not current.

Employer B has offered a job and agreed to process my GC in EB2.

So, lets assume it takes another year to have my I140 approved with Employer B. The current PD for EB2 is May 2006 and my PD is June 2005. How will USCIS process my GC in this case. By next year, assuming PD for EB2 is somewhere in 2007 and mine is June 2005, will USCIS consider mine current and process my 485 application immediately?

Thanks and please let me know what would happen in this case.

Thanks,
Deepak.

[txh1b]

New employer should request the older PD while filing I140. At that time, if your PD EB3 PD date is current for EB2, you can file concurrently the 140 and 485 and get a GC as soon as administratively possible after the 140 gets approved.

[djayash]

Thanks txh1b...So basically, I will have to ask my Employer to file I140 and request to capture my old PD.

Do I need to wait for USCIS confirmation that my PD is captured or can I still process 485 concurrently?

[txh1b]

If they accept the PD recapture and accept the I140, they will accept your 485 at the same time. No need to wait. The lawyer needs to make sure they enclose paperwork to the mailroom in bright colors about PD recap and concurrent filing.

If they deny by oversight, it can be resubmitted too.

As you already have a 485 pending under EB3, the best thing is to not file another 485. Once the I140 is filed, the a lawyer needs to request interfiling of your pending 485 with the new petition. Not clear on if that works with changed employers. It might work with Ac21 and same/similar job but may raise questions on EB2 for same job...Anyway, a good attorney should be able to guide you with the best option.