Consular Processing notice- different employer now


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All,

My Eb3 140 was approved in 2008 when I was with a major healthcare provider.  Since eb3 dates were dormant that time, I moved to another company (140 based h1 extension) . This new company is yet to initiate the eb3 to eb2 porting. No ETA.

Other day  I received an email from NVC asking me to pay fee for consular processing for the eb3 petition (attorney opted for consular processing option during 140 filing).  Am I still eligible for this consular processing option ? I am just checking to see if anyone came across this situation  ( I am trying to get an appointment with an attorney at the earliest). 

Any input in this matter is appreciated.

Thank you.

 

 

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