Can I use my EB3 to file, I have ported EB2 as well


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Hello eb3ind_0709,

My approved I-140s of EB3 and EB2 are with the same employer, I didn't changed my employer, I just ported from EB3 to EB2 with same company, Sorry, I don't know answer for your case, wherein you changed your employers. 

And I'm not sure whether now you are eligible to file 485 because your EB3 was with A and EB2 is with B company

Thank you

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On 9/15/2018 at 11:05 PM, nycgc said:

Yes. you can. I'm in the same boat with Aug,09 priority date, going to file I-485 using approved EB3 I-140. Personally I think EB3 will be better option for August 2009 PD's.

Hi.. have you confirmed this with any attorney or you know for sure.. you can file. I am getting different answers for this question. In the same boat but not very sure if you can file 485 using EB-3. Please advise.

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  • 2 months later...
On ‎9‎/‎15‎/‎2018 at 8:05 PM, nycgc said:

Yes. you can. I'm in the same boat with Aug,09 priority date, going to file I-485 using approved EB3 I-140. Personally I think EB3 will be better option for August 2009 PD's.

Hi, Were you able to file I-485 with your previously approved EB3 I -140..? I work for a fortune 100 company and in similar situation. My original I-140 was approved under EB3 category with Nov'2009 PD. 4 years ago I was promoted and upgraded to EB2 with same company. As per my attorney, EB3 position does not exist, so we cannot file for 485 with the old EB3 I-140. One option I am still pursuing is to check if I can downgrade my current I-140 to EB3 wihtout requiring a new PERM. I am still awaiting response from the attorney. Please do let us know if you were successfull in filing I-485 with previously approve EB3 I-140.

Thanks

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  • 4 months later...

I am in similar situation. Have EB3 I-140 approved from May 2009 and later got EB2 I-140 approved with same employer but different job (in same field). I filed 485 back in 2015. Recently, received RFE from USCIS where USCIS is asking if I would like to adjust status based on my approved EB3 I-140 which is current already or would want to wait till EB2 becomes available / current. 

Question is has anybody else done this and have they seen approval on 485 based on this approach? My concern is that given EB3 petition was based on different job, if i say yes to USCIS, is there risk of 485 denial given job description differences between EB3 job and current job. 

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  • 1 year later...

Hi, any conclusion on this issue ? I am with my current employer since 12 years, my end client had applied EB3 and it was approved with PD 12/2011. In 2017, same end client applied a new PERM and got EB2 approved. The priority date ported. Last H1 renewal, we used i-140 approved under EB2  category.

Now, EB3 is current, can I apply for EAD ? Experts, please advise ASAP 

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