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Raj0613

Can I use my EB3 to file, I have ported EB2 as well

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Hello,

My EB3's  PD is Aug. 25th 2009, and 4 years back I did porting successfully to EB2 with the same employer, I mean, my EB3 and EB2 both are with the same H1 sponsor.  As you know now the EB3 become current so pl. advise me can I go ahead and file with my EB3?

Thank you

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Yes. you can. I'm in the same boat with Aug,09 priority date, going to file I-485 using approved EB3 I-140. Personally I think EB3 will be better option for August 2009 PD's.

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Hi,

I am in a similar situation where my EB3 I-140 approved with a PD of July 2009. After that changed employer and got recently PERM approved with EB2 requirements, and ready to file I-140. My question is, can i file concurrently both I-140 and 485 using prior approved EB3 PD.

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Hello eb3ind_0709,

My approved I-140s of EB3 and EB2 are with the same employer, I didn't changed my employer, I just ported from EB3 to EB2 with same company, Sorry, I don't know answer for your case, wherein you changed your employers. 

And I'm not sure whether now you are eligible to file 485 because your EB3 was with A and EB2 is with B company

Thank you

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I am in similar situation with the EB3 and EB2 both with the same employer with a Sep 2009 priority date. I am really looking forward to expert opinion and guidance on this.

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On 9/15/2018 at 11:05 PM, nycgc said:

Yes. you can. I'm in the same boat with Aug,09 priority date, going to file I-485 using approved EB3 I-140. Personally I think EB3 will be better option for August 2009 PD's.

Hi.. have you confirmed this with any attorney or you know for sure.. you can file. I am getting different answers for this question. In the same boat but not very sure if you can file 485 using EB-3. Please advise.

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On ‎9‎/‎15‎/‎2018 at 8:05 PM, nycgc said:

Yes. you can. I'm in the same boat with Aug,09 priority date, going to file I-485 using approved EB3 I-140. Personally I think EB3 will be better option for August 2009 PD's.

Hi, Were you able to file I-485 with your previously approved EB3 I -140..? I work for a fortune 100 company and in similar situation. My original I-140 was approved under EB3 category with Nov'2009 PD. 4 years ago I was promoted and upgraded to EB2 with same company. As per my attorney, EB3 position does not exist, so we cannot file for 485 with the old EB3 I-140. One option I am still pursuing is to check if I can downgrade my current I-140 to EB3 wihtout requiring a new PERM. I am still awaiting response from the attorney. Please do let us know if you were successfull in filing I-485 with previously approve EB3 I-140.

Thanks

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Hi, I have 2 approved I140 in EB3 and EB2. First got the I140 for EB3, later filed the new PERM and got the I140 for EB2. So both EB3 and EB2 positions exist. Can i use the EB3 for filing I-485? Do i need to justify the Downgrade as i got approval for EB2? Any Risk involved in this process?

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I am in similar situation. Have EB3 I-140 approved from May 2009 and later got EB2 I-140 approved with same employer but different job (in same field). I filed 485 back in 2015. Recently, received RFE from USCIS where USCIS is asking if I would like to adjust status based on my approved EB3 I-140 which is current already or would want to wait till EB2 becomes available / current. 

Question is has anybody else done this and have they seen approval on 485 based on this approach? My concern is that given EB3 petition was based on different job, if i say yes to USCIS, is there risk of 485 denial given job description differences between EB3 job and current job. 

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