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EB3 to EB2 After appying for I140

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  • EB3 to EB2 After appying for I140

    Some how i could not post correct earlier sorry for that.

    Here is my case:
    My GC is applies under
    EB3 (RIR)
    I140 is under process

    I have 10yrs experience in my field of work and holds Masters degree in same. At the time when the GC was applied my company said that they don't prefer to apply under EB2 so we got to apply under EB3. Since now the company policy has changed. So can we apply under EB2 RIR.? If Yes then what will happen to present I140 and EB3 case of mine. And when applying for EB2 do i need to go through LC again or not? what if EB2 case is rejected will i be able to keep my Eb 3 or not. And during whole process what will happen to my PD?

    Please help.
    Thanks for the comments

  • #2
    If you want to change to EB2, you have to do everything all over again.

    But if you apply after your EB3 I-140 is approved, you can reuse the EB3 priority date in EB2.
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    • #3
      Its a very long road ahead to do it all over again. I have seen a lot of companies really mess up lives of people by having such policies. Sometimes they are genuine and they have a HR structure, Job Desc ec,etc that is only and EB3 therefore you cannot qualify for an EB2 but many a times they choose to do only Eb3 because:-

      1. Keep the employee longer so he will not leave after GC.
      2. The Lawyers want's it easy as possibilitied of RFE's are higher in EB2 VS EB3
      3. Maybe truly a a EB3 position you are over qualified (Your tough luck).

      So you are out of luck here and have roll along what you have and hope for the best unless you want to repeate the whole things again. Weight the time left on H1 Vs processing time for EB2 and make a decision.


      • #4
        To be able to reuse the p.d, when should I have to submit my approved I140 document in
        EB2 process. Is it at labor/I140/I485 time? Priority date is assigned at the labor stage. So, I guess I
        need to submit approved I140 document at the time of filing for labor. Please correct/suggest me the
        right time.

        My status : I completed labor and I140 stages of green card process in EB3 category (P.D is Dec 1997) with Company A. I would like to file in EB2 category with Company B as future employment . I would like reuse my priority date of EB3 category for EB2.

        Thanks very much in advance and I appreciate your responses.