GC -Interfiling

[NeerajaN]

Dear Senior members,

My husband's GC ( PD Aug 2003) was filed under EB3 category although his employer could have filed under EB2 category. My husband has two Masters from US.

Now his employer is applying for H1B extension as his present H1B expires on Jan 2010.

1. Once the H1B extension is approved, can his employer apply for GC (interfiling)under EB2 ?

2. What would happen to his present PD? Whether his GC be approved immediately? (Nov 09 Visa cut off date under EB2 - 22JAN05 ) Whether the waiting period under EB3 will be taken into account?

3. What are the consequences / possibilities of interfiling?

Pls advise.

Thanks,

Neeraja

[txh1b]

1. What do you mean by this? What does H1b extension have to do with this? What your spouse has is secondary to what the job requires. To process EB@, the job has to be advertized, labor approved, I140 approved before an interfiling can happen.
2. The EB2 application will get the current PD of the EB3 labor when the I140 is approved. The lawyer has to make it clear about the availability of the older PD with the I140 application with proof of the same. It would get approved if the PD is current at that time, interfiling is completed and he has all the stars ligned up correctly. No guaranty though.
3. Your lawyer can explain. There aren't any bad consequences that I can think of.

[DMX17]

Sounds like a plan....

[NeerajaN]

GC -Interfiling

Thanks you very much for the inputs.

Regds,

Neeraja