Would it nulify or impact EB3 ?

[learner2009]

Hi,

I am on H1b and i am in EB3 catagerory & my I-140 is approved with a priority date of Aug 2011.

 

My co. is planning to file for EB2. Is it true to say :

If for whatsoever reason, USCIS determines that I am not eligible for EB2 , then this would impact or nulify my current ongoing EB3 processing ?

So effectively are there any risk associated if EB2 doesn't go through ? Is there more risk while you are associated with employer who did EB3 ?

-Learner

[jairichi]

No risk and no issue at all.

[Attorney_6]

As long as there is no fraud involved (fake degrees etc.), an EB2 denial would not harm the EB3 case. If everything is genuine, there is no risk to the current case.

[learner2009]

Thanks a lot for the information, appreciate it.

 

With above post of yours, I am assuming it's not going to impact on EB3 I-485 filling if EB2 is rejected for whatsoever reason.

 

-Learner

[jairichi]

Thanks a lot for the information, appreciate it.

 

With above post of yours, I am assuming it's not going to impact on EB3 I-485 filling if EB2 is rejected for whatsoever reason.

 

-Learner

That is correct.

[jairichi]

Thanks a lot for the information, appreciate it.

 

With above post of yours, I am assuming it's not going to impact on EB3 I-485 filling if EB2 is rejected for whatsoever reason.

 

-Learner

It is not whatsoever reason. If fraud is suspected then it will be a big issue.