140 Approved with prev emp in EB2. PD is current with EB3 FAD. Can i do concurrent filing in I 140 EB3/485?

[Raheel]

Can the new employer use the old PD and file I 140 in EB3 and 485 concurrently? 

Or does he need to file I 140 in EB2 again and downgrade to EB3?  This doesn't make sense to me.

My PD is May 2010 filed under EB2 with prev employer and EB3 final action date is Jul 2010. My PERM with new employer just got approved.

 

[pontevecchio]

Yes.

[Raheel]

My attorney says the 485 will be rejected if applied concurrent.

First the I 140 needs to be approved in Eb3 with ported date and then file for I 485.

[Sureshtumm]

Hi Raheel,

My scenario is also same but my PD is Oct 2010 and wating for PERM Approval.

Can you clarify that  you are filing  I-140 in EB3 with (PERM - EB2) in premiun processing first after approval planning file I-485 in EB3.

So this will avoid filing I140 -EB2 Category completely with new employer Please calrify.

Thanks,

Suresh.

 

 

Edited March 3, 2021 by tumm.suresh@gmail.com