Converting EB3 to EB2.

[kautilya123]

Hi,
Here is my wife application details.

EB3 PD Nov 2006.
Currently on EAD and have H1 as well.

Now if she needs to convert from EB3 to EB2 category...
Hew present employer is ready to support any thing (like new job details / role name etc), but her company Lawyer is pushing back..
Also, she did her Masters while in Job.

1. Should she file the new Labor (She will be with same employer). What is the average time for new labor?

2. Can we skip new Labor and do new I140 only? Again how much time for new I140?

3. Will this new process affect the current happily running EAD and AP stuff.

4. What are the risks involved if any?

5. What are the things to take care for this process?

6. Lets assume she gets her new I140 approved with EB2, How will the current application adjusted with having the old priority date retained?

Thank you very much.

[rachnaj]

The answers are below: but please do not consider this info totally correct, confirm with a lawyer. Thanks

Hi,
Here is my wife application details.

EB3 PD Nov 2006.
Currently on EAD and have H1 as well.

Now if she needs to convert from EB3 to EB2 category...
Hew present employer is ready to support any thing (like new job details / role name etc), but her company Lawyer is pushing back..
Also, she did her Masters while in Job.

1. Should she file the new Labor (She will be with same employer). What is the average time for new labor?
She has to file the new labor, the entire process is just the same as you had filed your EB3 GC....Avg time before filing labor is: 3-4 months, and labor is getting cleared fast these days, so u can say around 5-6 months.

2. Can we skip new Labor and do new I140 only? Again how much time for new I140?
You cannot skip labor in EB2. Only in EB1...there is no labor.
So you would need to file Labor, then I140: I140 approval takes somewhere between 2-6 months.
3. Will this new process affect the current happily running EAD and AP stuff.
No, the new process does not affect.
4. What are the risks involved if any?
No clue

5. What are the things to take care for this process?

6. Lets assume she gets her new I140 approved with EB2, How will the current application adjusted with having the old priority date retained?
Once the dates become current for her, the dates will be automatically adjusted, or the lawyer needs to send a letter to use the EB3 dates for this current EB2 approved labor and I140 case.
Thank you very much.

[snathan]

Originally Posted by kautilya123

Hi,
Here is my wife application details.

EB3 PD Nov 2006.
Currently on EAD and have H1 as well.

Now if she needs to convert from EB3 to EB2 category...
Hew present employer is ready to support any thing (like new job details / role name etc), but her company Lawyer is pushing back..
Also, she did her Masters while in Job.

1. Should she file the new Labor (She will be with same employer). What is the average time for new labor?

2. Can we skip new Labor and do new I140 only? Again how much time for new I140?

3. Will this new process affect the current happily running EAD and AP stuff.

4. What are the risks involved if any?

5. What are the things to take care for this process?

6. Lets assume she gets her new I140 approved with EB2, How will the current application adjusted with having the old priority date retained?

Thank you very much.

Even if the employer is ready to support and if there is no real job requirement, only the job title/role is created for the EB2 purpose...you will face different issues. It’s illegal and immigration fraud.

If it’s a genuine job requirement there won’t be any issues...otherwise cab be arrested for immigration fraud.