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EB3 to EB2( EB3 LC cleared, I140/485 pending, Got EAD/AP)

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  • EB3 to EB2( EB3 LC cleared, I140/485 pending, Got EAD/AP)

    Hi

    I am new to the blog. I applied for GC in 2007 under EB3(LC approved). Same year before august i applied for I140, 485,EAD,AP. Got EAD,AP. I140 was sent to Nebraska processing center and it is still pending for a long time.

    Questions i have.

    1. Which ones becomes factor in sending I140 to processing centers? Is it random which we cannot control? Can i change I140 processing center now?
    2.As current employer applied for EB3 can i change to new employer under EB2 with I140 still pending. Can i retain old priority dates?
    3. As my new employer need to apply for New LC, I140 for EB2, Also I485. Can i still get EAD, AP shifted to new GC under EB2?

    Thank you for your help with your clarification on this
    Veera

  • #2
    1. USCIS has set SC processing. You don't control where it goes.
    2. Yes, Yes
    3. There is no shifting process here. You can interfile and ask USCIS to use that I485. An attorney involvement is suggested due to the complication.

    Talk to your lawyer. That is why they are getting paid.

    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.

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