EB3 to EB2 conversion question

[vsk-murthy]

I have an EB3 pending since November 2004 (485 filed in July 2007). I did work for my EB3 Company for about 10 years.

But since Aug-2012 using my EAD, I am working for a different company that wants to file GC under EB2 category. I have 3 year BSc degree from India and also a couple of post graduate diploma courses in Computer Applications and a post graduate diploma in personnel management.

The issue is that my education which was evaluated as a US 4 years degree in 2000 by ICETS, when evaluated again by the current company attorney; found that USCIS may not accept my education as equivalent to 4 years US degree.

My attorney also states that there is a possibility that if we file for EB2 now and if USCIS assess that my education is not equivalent to a US 4 year degree., my existing EB3 may also be reopened, and the EB3's I-140 may be revoked and denied

My understanding about converting EB3 to EB2 (mainly from online searches) is that EB2 will be an entirely an independent process and has nothing to do with the existing EB3 until EB2’s 140 is approved.

If any one could shed some light if an existing EB3 will be affected adversely because of filing EB2, will be greatly appreciated.

thanks!

[catx]

Your attorney's advice seems reasonable and sound. While a PERM labor certification application and upon approval I-140 petition with a different company is a new process, the government has all your immigration records together, so they will know that you already have an approved I-140 petition under EB-3 category (and have filed an I-485 adjustment of status). The USCIS has the right to review approved immigration filings, and can revoke an approval if they find something incorrect.