Eb3 and eb2 with same employer.

[Pd10152009]

I have an approved EB3 and EB2 from the same employer. Initially I got EB3 approved and then ported to EB2 with a priority date of oct 15 2009.

with the current visa bulletin, the EB3 filling date reached to Jan 2010. Can I apply to i485 using my EB3 i140?

[care_candidate]

No. You don't get to pick any category you want. You are either EB-2 or EB-3. Once you switched to EB-2 for whatever reason, you cannot use other application. Both category PD are not so away from each other. You may have to wait for few months to get to your spot. As you have been waiting for almost 10 years, keep having that patience.

[josegc]

i always trust this forum , so thought of verifying why there is difference on opinion on basis thing of using earlier approved Eb3 for getting 485/765?