EB3 to EB2 (PD Unusual.)


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Brief Background:

I was working for Company A for 2 years and Company A filed my Green Card under EB2 category.

My Labor and I-140 (EB2) got approved and my priority date was set to Nov 2007.

Currently:

After 2 years I joined Company B.

Company B filed my Green Card under EB3 category (Don’t ask why ... long story..)

The attorney used my previously approved (EB2) I-140 from Company A and filed new (EB3) I-140 for Company B.

My Labor and I-140 (EB3) got approved and my priority date was set to Nov 2007.

Now I have two approved I-140 in each category EB2 and EB3.

My questions:

Can I file I-485 (as and when it gets to Nov2007) under EB2 category using my current Company B's approved (EB3) I-140?

OR

Is my priority date now set with EB3 category and my previous approved (EB2) I-140 is invalid?

Any Suggestions!!

Thanks,

Vishal.

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Can I file I-485 (as and when it gets to Nov2007) under EB2 category using my current Company B's approved (EB3) I-140?

I-485 doesn't have category EB2 or EB3. As you mentioned it is tied to I-140. EIther you have the option of filing I-485 based on original I-140 if the position is still available. But you have to go through the first company. Or you have to wait for filing I-485 based on EB3 I-140 through the new company.

OR

Is my priority date now set with EB3 category and my previous approved (EB2) I-140 is invalid?

No. Your EB2-I140 never gets invalid until the first company decides to withdraw.

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