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I-140 EB3 to EB2 Sliding & I-485 Filing

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Hello Experts,

I have a Master's Degree but my company filed my I-140 in EB3 category because I had No work Experience then. I have a Priority Date of Dec 2009 under EB3 filing. I now have about 3+ years of work experience, as of today. Can I now slide from EB3 to EB2 and at the same time file I-485 IF my date becomes current in Feb/March? I am hoping I can carry forward the same Priority Date of EB3.

Looking forward to your advise/suggestions.

Thanks in advance for your help!


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Please keep in mind that the EB (employment-based) category of the Green Card application is dependent on the minimum requirements needed by the employer for the offered position. If your employer has an EB2 position available in which they wish to employ you, and you qualify for that position, then an EB2 Green Card application can be filed on your behalf. This means that a new PERM application and I-140 petition needs to be filed on your behalf. A request to retain an earlier priority date can be done in certain circumstances.

You and your sponsoring employer may wish to contact a knowledgeable immigration attorney in regard to your case.

The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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