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talipini
12-20-2006, 10:39 AM
Folks,
I am also stuck in EB3 retrogression. LC & 140 Approved in 2003 & waiting in 485, since. PD is Feb 2003.

From 2003, I have been moving up in jobs in the same company (Fortune 10 company) and I realized that in the current position & responsibilities, I will qualify for EB2. I was planning to ask my employer to file for EB2 and transfer PD from earlier application. I love my current job & company and have no intention of leaving the company. Do I have to move to another company to file for EB2 ? If not, can one company have two applications for a single person ? My wife & I have EADs and Advance paroles from EB3 app. Do we need to give those up when they apply for EB2 ? Any insights into this will help.

-talipini

Gravitation
12-20-2006, 01:43 PM
Folks,
I am also stuck in EB3 retrogression. LC & 140 Approved in 2003 & waiting in 485, since. PD is Feb 2003.

From 2003, I have been moving up in jobs in the same company (Fortune 10 company) and I realized that in the current position & responsibilities, I will qualify for EB2. I was planning to ask my employer to file for EB2 and transfer PD from earlier application. I love my current job & company and have no intention of leaving the company. Do I have to move to another company to file for EB2 ? If not, can one company have two applications for a single person ? My wife & I have EADs and Advance paroles from EB3 app. Do we need to give those up when they apply for EB2 ? Any insights into this will help.

-talipini
You can file another LC in EB2 with the same company and preserve your PD. No problem.

GoneSouth
12-20-2006, 01:51 PM
How is it that you have an EAD when your priority date is not current? I though you had to wait for priority date to become current before you could file I-485 / I-765 and thus get EAD??

talipini
12-20-2006, 02:57 PM
GoneSouth: In late 2003 when my 485 was applied, retrogression was not there. At that time, you were allowed to file 485 & 765 without waiting for PD. Waiting 485 filing until PD is current is a recent rule. BTW, nice name!

Gravitation: Do you have any idea on what happens to the current EB3 application if we apply EB2 ? Does EB3 application get invalidated/cancelled if when we apply for 140/485 under EB2 ? Just trying to make sure my wife can use her EAD if we apply for EB2 while we wait for its fate.

gman
12-20-2006, 05:56 PM
I am in similar situation. I have I-140 approved and am moving up in my company. I expect to get my master's in May 2006 and get promoted soon afterwards to qualify for EB-2. Is that possible? Does it matter that I have acquired experience and Master's degree after i started working for current company? can current company file labor and paperwork under eb2?

Thanks!

GoneSouth: In late 2003 when my 485 was applied, retrogression was not there. At that time, you were allowed to file 485 & 765 without waiting for PD. Waiting 485 filing until PD is current is a recent rule. BTW, nice name!

Gravitation: Do you have any idea on what happens to the current EB3 application if we apply EB2 ? Does EB3 application get invalidated/cancelled if when we apply for 140/485 under EB2 ? Just trying to make sure my wife can use her EAD if we apply for EB2 while we wait for its fate.