EB3 to EB2 advice, possibility

hello all,

I am thinking of switching to EB2 from EB3, can you please explain if its possible or not.

Here is the situation

Pending application through wife under EB3 ROW
NO LC filed for wife (Schedule A application)
I-140 approved on 04/2007
AP approved
I-485 pending

I am on my 6th year of H1-B, located in DC and will expire on May 2010.

I do qualify for EB2, and EB2 ROW is current.

What needs to be done to file under EB2?
Do i need to file new LC - how long does it take normally?
If I change my job and use EAD, can I still file with new employer?
Can I port my existing PD to new one? How does this work? Do i have to have approved I-140 to port ?

Does switching from EB3 to EB2 sounds reasonable?

Thank you in advance for your advice.

Cheers
KV

[raysaikat]

Originally Posted by koolvaguy

hello all,

I am thinking of switching to EB2 from EB3, can you please explain if its possible or not.

Here is the situation

Pending application through wife under EB3 ROW
NO LC filed for wife (Schedule A application)
I-140 approved on 04/2007
AP approved
I-485 pending

I am on my 6th year of H1-B, located in DC and will expire on May 2010.

I do qualify for EB2, and EB2 ROW is current.

Note that your job description must meet the EB2 criterion, not just your own qualification.

Originally Posted by koolvaguy

What needs to be done to file under EB2?
Do i need to file new LC - how long does it take normally?

You need to go through the whole process: Labor Certificate, I-140 and then I-485. I think LC takes 6 month to an year, but I really do not know.

Originally Posted by koolvaguy

If I change my job and use EAD, can I still file with new employer?

Yes, you can again apply through your new employer.

Originally Posted by koolvaguy

Can I port my existing PD to new one?

I do not know for sure, but if by "your PD" you mean the PD for your spouse, then my guess would be no. If you had an approved LC, then you would be able to keep its PD.

Originally Posted by koolvaguy

How does this work? Do i have to have approved I-140 to port ?

There is no porting; you need to start from scratch. If your wife could qualify for EB2, then she could do it; she would also have to start from scratch, but she would be able to retain her PD. But if you are from ROW, then the PD really does not matter.

Originally Posted by koolvaguy

Does switching from EB3 to EB2 sounds reasonable?

If you can do it, and get GC quicker, then why not? You would incur more expense, of course, to redo everything.

Originally Posted by koolvaguy

Thank you in advance for your advice.

Cheers
KV