4real Posted September 25, 2020 Report Posted September 25, 2020 Please assist me with the below query. Situation: SAME Employer - Filed EB3 with PD Aug 2010. Upgraded to EB2 in 2016 and retained the PD. Query: I’m debating if I need to file my 485 in EB3 or EB2 category since Dates For Filing is current for both the categories. Scenario 1: If I file my 485 in EB2 and in future if EB3 Finals Action Dates become current then - Can I file 485 in EB3? Scenario 2: If I file my 485 in EB3 and in future if EB2 FInal Action Date becomes current then can I file my 485 in EB2. In general, am I even eligible to file my 485 in EB3 since I have already upgraded to EB2 in 2016. Appreciate if you could bring some clarity to the sitiuation. Thanks Quote
gprx Posted September 25, 2020 Report Posted September 25, 2020 I believe if you have both approved, you can use either. Check with professional lawyer for confirmation. Quote
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