Should i file I-140 with Premium Processing

[tuffdude]

Here is my situation. GC petition filed in 2010 under EB3 which has I-140 approved.

 

Last year employer agreed to file to convert application to EB2. So PERM was filed beginning of this year and is approved. Now we need to file I-140 with supporting Experience letters that shows 5+ years of relevant work experience and try to capture the Priority date of the previous I-140 (from EB3 category).

 

Here is my dilemma, my company is downsizing and we might be impacted by that within the next 2/3 months. What i am wondering is :

 

- Should i apply for my EB2  I140 in premium so that it is approved hopefully within a month and i have a EB2 approved I-140 (rather than a EB3 approved 140) ? 

The thought behind that is that if i need to switch to another company by end of the year, then whenever that company starts my GC, they can confidently use my experience to restart in EB2 category because it has already once been approved for it and hopefully again be able to capture my priority date.

 

Please chime in if you have a similar experience.

[Attorney_15]

You can't really assume that one EB2 approval means another one will be approved. The main issue in EB2 cases that often creates problems is education but how officers look at evidence of experience is not always identical. In this scenario it sounds like the smart move would be to move ahead with the I-140 because you have not been terminated, the company has not refused to file the I-140 and if something unexpected happens and you don't get laid off you will be at a big loss if the I-140 has not been filed and the LC has expired.