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EB3 to EB2 interfiling

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#1 (permalink)

10-05-2009, 08:30 PM

Greatdesi

Donor

Priority Date	:	Mar-05
Category	:	EB2
I140 Mailed Date	:

Chargeability	:	India
Processing Stage	:	I-485
I485 Mailed Date	:

Join Date: Jan 2008

Posts: 21

EB3 to EB2 interfiling

I am working with a big company (company A) as a full time employee. My GC was filed under EB3. Priority Date is June 2004. Through another consulting company(company B), we started another GC process under EB2. Its priority date is March 2005. Based on what I read on various forums, it is possible to do interfiling from EB3 to EB2 and port priority date from EB3 to EB2. Is it true? We did not recapture the priority date when 140 for EB2 was filed. 140 for EB2 was approved under March 2005 priority date. I have EAD from employer A. Can I join employer B using that EAD and interfile from EB3 to EB2? Or is H1 transfer a safer option?
Appreciate your suggestions and thoughts on this.

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