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EB 3 to EB 2

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  • EB 3 to EB 2

    Hello,
    I have a priority date of Mar 2005 and i am currently filed as EB3. My H1-b is valid till Feb 2010 and current EAD is valid till August 2010. My 1-140 is also approved and I -485 was filed in Aug 2007. Both my wife and I never activated our EAD's as i am still using my H1 and she never worked in US.

    When my employer started to process my labor, i already had a master's degree from US and 2 years of work experience in US. But my job description at the time did not require a masters degree. I have since got promoted and current job description requires a masters degree or 5 + years of work experience. I will be finishing my second masters from the same university this summer.

    My employer is willing to change to EB2 and i know that i have to process a new labor, but not sure what else is involved.

    If i start the paperwork for the change in a month, how long will it take with PERM?

    I am guessing both my wife and I will loose our existing EAD's? Is this right? Do i need another EAD in hand when my H1 expires in 2010 Feb.

    Are there other caveats on keeping the 2005 priority date?

    On an average how many months will it take to get the labor and I-140 approved?

    I am planning to go to India in August, hopefully this will be ok as i can use my existing H1-b stamp to go and come back, right?

    Any insight i can get to these questions will be helpful. I can then start talking to my lawyers.

    Thanks!
    Last edited by eagle; 01-27-2009, 11:03 AM.

  • #2
    There are lot of postings on the questions you asked here. Read the forums and come back with specific questions as you are asking for a whole lot.

    Your EB2 when approved can be interfiled with your already in process 485 with the older PD. You need to talk to an attorney.

    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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