Which I-140 to use for adjustment of status


sjala

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I have EB3 I-140 from old employer and EB2 I-140 with current employer where I am working for the past three years. Both I-140's have same priority date. Interlinked I-1485 with new I-140.

 

Got RFE saying that there is a immigrant visa available on Sep 1, 2015 under EB3 and no visa available under EB2 with the same priority date of EB3.

 

What is the best course of action? Picking EB3 I-140, does it create problems because no longer working for the old employer.

 

 

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