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EB3 to EB2 conversion, will the EB3's labor be valid while eb2's labor is in progress

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  • EB3 to EB2 conversion, will the EB3's labor be valid while eb2's labor is in progress

    I already have an approved Labor and I-140 on my EB3 application. I am applying for a EB3 to EB2 conversion through the same employer.

    I have been hearing about almost all eb3-eb2 conversion being audited during the labor filing.

    While a person's EB2 labor is being audited, does it nullify the earlier approved eb3's labor application? or one can continue to get extensions on H1B with EB3's approved 140?

    The reason I am asking this is because my current H1 will expire in July 2014.
    I do NOT want to get into a situation where my EB2 labor is being audited for 10 months and I become Out of Status.

    Please confirm. Appreciate your response.


    Thanks!
    Last edited by sumsriva; 08-07-2013, 08:37 PM.
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