EB1 or EB2...?

[GJ15]

Folks request your advice on the following situation:

1. I applied for my GC under EB2 in 2006, have an approved I-140 with a PD of 10/10/2006

2. I applied for my EB1 in 2010 and have received by EAD though the I-140 is yet to be approved, the application was received on 11/10/2010

3. At TSC they are currently processing cases filed on 08/31/2010

4. According to the June visa bulletin I will be eligible to file AOS for my EB2 since the PD will become 10/15/2006

Questions:

1. Should I continue to process EB1 and wait for its decision?

2. Should I port my EB1 AOS to EB2 and withdraw my EB1 since my I-140 under EB2 is approved?

3. If I decide to continue with my EB1 and in the worst case scenario it gets rejected, can I fallback on my EB2?

4. After the PD for EB2 becomes current, by what time AOS should be filed before USCIS purge the EB2 application?

Your advice will be highly appreciated.

[Belle]

You already have AOS penidng, so you have applied. You may want to make sure your I-485 is connected to the EB2 petition. Check if A numbers on I-485 and EB2 are the same, if so, take an InfoPass and ask if your case is based on both petitions.

[GJ15]

My 485 is filed under EB-1 and not EB-2. What i am askiNg is that if my eb1 does not go through can i file a fresh 485 under eb2?

[Belle]

And I am responding that you don't have to file a new one. You many change the category on your I-485. In fact, you may have two categries at once.

[GJ15]

My last query is what is the latest date by which I can change my I-485 and link it to EB-2 before my EB-2 application is purged? 1 year, 6 months??

Thank you for your expert advice.

[Belle]

"My last query is what is the latest date by which I can change my I-485 and link it to EB-2 before my EB-2 application is purged?"

Purged??? Not sure what you mean by it, but your I-140 is valid as long as you have a job offer from the employer.