Apply 485 under EB3

[venkitagirish]

Hi,

My company initially applied GC under EB3 and in that I got I-140 approved and my priority date is Sep 19, 2009. Later my company ported my EB3 to EB2 and under EB2 also I got my I140 approved with priority date Sep 19, 2009. Now in october Visa bulletin, I see that the priority date for EB3 is Oct 1 2009, so Can I apply 485 under my old EB3 reciept? I checked my old EB3 I-140 receipt and it is still active. Is there a good chance that I get EAD? will I get into any sort of trouble if EB2 moved faster and that time can I apply 485 again under EB2 while my 485 appln is under process with my old EB3 or are there any risks further that time? Please advise for a better action.

 

Thanks,

Venkita