vishaldev Posted October 12, 2011 Report Share Posted October 12, 2011 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. Link to comment
amudhans Posted October 18, 2011 Report Share Posted October 18, 2011 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. Link to comment
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