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Filing under EB2 when an EB3 application pending

All other Green Card Issues I-140/I-485, Family Based Green Card

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07-29-2011, 02:41 PM

james_bond_007 james_bond_007 is offline

Junior Member

Priority Date	:	Aug-03
Category	:	EB2
I140 Mailed Date	:	11/02/2005

Chargeability	:	India
Processing Stage	:	I-485
I485 Mailed Date	:	06/27/2007

Join Date: Mar 2009

Posts: 15

james_bond_007 is a splendid one to behold

Filing under EB2 when an EB3 application pending

My friend is looking to upgrade from EB3 to EB2 via the same employer. Please find the question below and any clarification is greatly appreciated.

My employer filed for GC under EB3 , PD is 2003 July IND. Recently I got a promotion and would like to apply for GC under EB2 ( labor and 140 ) and port the EB3 priority date. When I spoke to the attorney, they mentioned that I might loose my EB3 application IF the new EB2 got rejected. IS this true ?. Can I fall back to my existing EB3 application in the case of EB2 application getting rejected?.

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