Question about EB2 I-140 and EB3 1-40 from the same employer

[usa83]

Hello Friends,

I have a quick question. I have an approved I-140 in EB3 from my current employer. PD : July 2015. Recently I received approval for my PERM again from the same employer as part of EB2 and they are ready to file I-140 in EB2 soon.

Once this new i-140 application is approved in EB2, Will this invalidate my existing old approved I-140 in EB3 ?

If EB3 becomes current, Will I be able to use my old approved I-140 in EB3 ?

Just wanted to know that both the I-140 EB2 and I-140 EB3 ( both are filed from the same employer ) are valid same time or not.

Will I need to file PERM and I-140 again for EB3 later when EB3 becomes current ?

Can you please advise ?

I appreciate your help.

Have a blessed day.

[aagarwal0919]

Once your new I-140 is approved in the EB2 category, your old EB3 I-140 will still remain valid. USCIS doesn’t invalidate an I-140 simply because a new one is filed and approved under a different category (EB2 vs. EB3), especially when they are from the same employer.

If EB3 becomes current before EB2, you can still use your previously approved EB3 I-140 to adjust your status (file I-485) or for consular processing. There’s no need to refile PERM or I-140 for EB3 again, as long as the original EB3 I-140 remains valid. Having approved I-140s in both categories gives you flexibility to adjust status (I-485) under whichever category becomes current first in the Visa Bulletin.

Since you already have an approved I-140 in EB3, there’s no requirement to file a new PERM or I-140 for EB3 if it becomes current. Your existing EB3 approval is sufficient.

Please note I am not a legal advisor, I help people with immigration queries using skiplegal.ai (you can use it too for further clarifications).

[Edward357Johnson]

Hello! Thanks for sharing your situation.

Once your new I-140 in EB2 is approved, your existing approved I-140 in EB3 does not get invalidated. You can keep both I-140 petitions valid at the same time. If EB3 becomes myOneonta Portal current, you can still use your old approved I-140 in EB3. You do not need to file PERM and I-140 again for EB3 later.

It's always a good idea to consult with an immigration attorney for personalized advice, but this should give you a general idea.

Hope this helps! Have a blessed day too!

[usa83]

Thank you so much aagarwal0919 and Edward357Johnson. Your inputs make me confident. I appreciate your time. God bless and best wishes.