EB2 I-140 pending, EB3 PD current


metallica78

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Hi,

My EB3 PD is 28-Feb-2008. This year I re-applied on EB2 and got my labor approved on April 4, 2011. Consequently my EB2 I-140 was filed on July 28, 2011 and is pending (Given a request to port my EB3 PD along with this).

The December bulletin says, Mar 15, 2008 is current. My questions are,

a) Can I apply I-485 now ?

b) My lawyer says it's better to wait until EB2 I-140 is approved. Is there any risk applying I-485 now ?

Thanks in Advance,

Jeoffrey

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