EB2 Filing, can it affect EB3 ?

[rmscandy]

Hi,
Pardon me if this was asked already, I did do some research, but I see difference of opinions from the people on the forum.
So I thought I would my on question and seek answer.

I am EB3 - priority date Sept 2004, waiting for date to be current like everyone else. I have EAD since the gates were

opened in July 2007. I have an offer from the company who is ready to file EB2 for me. I understand I have to go through
labor and 140 process and while filing request priority from EB3 application. I am planning to invoke AC21, and transfer H1

to the new employer. My understanding was EB3 remain intact even if EB2 uses the priority date, but on some forum I read
EB3 will not stay valid after the date is ported or requested. So in that case, one would be at huge risk of loosing all

the years he/she invested in wait. I have engineering bachelors and 15 years of experience. So my question is -

1. If EB2 get rejected at any stage what will happen to EB3?

2. Can a query from EB2 trigger a query in EB3? Lets say based on some education experience there is a query in EB2 filing,
and same stands true for EB3 filing (which was not noticed earlier).

3. About progressive experience, hos is it determined. Should the experience letter verbiage indicate that - programmer to

senior programmer to Architect/PM ? I have letters which says Programmer, system Analyst and the latest one will say

Architect. Will that be enough to prove my eligibilty?

4. While requesting priority date from EB3 (2004), one forum said one should be eligible at that time itself for EB2, it

that true?

Thanks,
Rajesh

[matreen]

I am also in similar situation. Mine is EB3 with priority date Jan/2007 and I do not see any hope for years.

I have a 3 years degree and one year diploma and 12 years of experience. I am on EAD and my sponsered employer offering promation as a manager and now I am thinking to file EB2 with new position and port my EB3 priority date.

I wanted to know based on my education what kind of queries I will get?

Once filed in eb2, what happens to my eb3 case which already passed my 140 and got me on EAD?

If my eb2 gets denied for some reason, still I can continue my employment with EAD from eb3?

Pleaes advice if any...

Again I am not chaning employer, I am planning to file my eb2 with same employer.

Thanks,
Matt.

Originally Posted by rmscandy

Hi,
Pardon me if this was asked already, I did do some research, but I see difference of opinions from the people on the forum.
So I thought I would my on question and seek answer.

I am EB3 - priority date Sept 2004, waiting for date to be current like everyone else. I have EAD since the gates were

opened in July 2007. I have an offer from the company who is ready to file EB2 for me. I understand I have to go through
labor and 140 process and while filing request priority from EB3 application. I am planning to invoke AC21, and transfer H1

to the new employer. My understanding was EB3 remain intact even if EB2 uses the priority date, but on some forum I read
EB3 will not stay valid after the date is ported or requested. So in that case, one would be at huge risk of loosing all

the years he/she invested in wait. I have engineering bachelors and 15 years of experience. So my question is -

1. If EB2 get rejected at any stage what will happen to EB3?

2. Can a query from EB2 trigger a query in EB3? Lets say based on some education experience there is a query in EB2 filing,
and same stands true for EB3 filing (which was not noticed earlier).

3. About progressive experience, hos is it determined. Should the experience letter verbiage indicate that - programmer to

senior programmer to Architect/PM ? I have letters which says Programmer, system Analyst and the latest one will say

Architect. Will that be enough to prove my eligibilty?

4. While requesting priority date from EB3 (2004), one forum said one should be eligible at that time itself for EB2, it

that true?

Thanks,
Rajesh

[GeetaRam]

As far as I have heard and read in forums. EB2 application doesn't affect EB3 (approved I-140). I am also planning for the same.
To answer Rajesh's q
1. Nothing happens to EB3 even if EB2 gets rejected
2. as per my knowledge No
3. I am not sure consult your attorney.
4. I am not getting your question completely. As you mentioned you have 15+ years of experience so based on that even if you choose 2004 date for your EB2 you do have around 8-9 years of experience and EB2 says Bachlors and 5+ years of experience. So you are eligible.

[rmscandy]

Thanks for the responses.