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GotGC??
05-15-2007, 12:50 PM
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date

So both cases are now current, which leads to a couple of options for AOS:

1. File based on approved EB3 (and risk a potential retrogression in future)

2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?

radhay
05-15-2007, 12:57 PM
Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.

Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date

So both cases are now current, which leads to a couple of options for AOS:

1. File based on approved EB3 (and risk a potential retrogression in future)

2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?

GotGC??
05-15-2007, 01:03 PM
Thanks for your reply.

My understanding is there can be only one AOS at any time.

- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

Thanks.

Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.

radhay
05-15-2007, 01:13 PM
I think there can be only one AOS pending however you should be able to replace underlying 140 with another. Not sure how to go about.
Thanks for your reply.

My understanding is there can be only one AOS at any time.

- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

Thanks.

radhagd
05-15-2007, 01:14 PM
Thanks for your reply.

My understanding is there can be only one AOS at any time.

- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

Thanks.

Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.

virginia_desi
05-15-2007, 01:15 PM
Thanks for your reply.

My understanding is there can be only one AOS at any time.

- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

Thanks.

There can only one AOS as the main beneficiary. You can have another AOS where you are a dependent or may be a family based AOS.

Once AOS is filed under EB3, it can't be simply upgraded to EB2.

However, what happens if one gets a RFE on I-140 and there is a pending I-485. Are you allowed to refile using EB3 approved petition if the dates are still current for EB3?

vinabath
05-15-2007, 02:03 PM
What a coincidence.....

1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)

I do not know what to do, I am thinking couple of situations.


I. File 485 with EB3.

Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140

Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.

II. File 485 with EB2 labor (concurrent filing)

Advantages:
Less chance of retrogression.
Quicker path to GC.

Disadvantages:
I-140 denial chances
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.


Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.

vinabath
05-15-2007, 02:04 PM
What a coincidence.....

1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)

I do not know what to do, I am thinking couple of situations.


I. File 485 with EB3.

Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140

Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.

II. File 485 with EB2 labor (concurrent filing)

Advantages:
Less chance of retrogression.
Quicker path to GC.

Disadvantages:
I-140 denial chances
more money to spend for I-140 and PP
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.


Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.

sravani
05-15-2007, 02:05 PM
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date

So both cases are now current, which leads to a couple of options for AOS:

1. File based on approved EB3 (and risk a potential retrogression in future)

2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?

My case is also similar and I decided to go with EB2

My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.

My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.

GotGC??
05-15-2007, 02:28 PM
Thanks...is your 140 in NSC or TSC ?
My case is also similar and I decided to go with EB2

My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.

My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.

sravani
05-15-2007, 02:29 PM
Thanks...is your 140 in NSC or TSC ?

NSC

priderock
05-15-2007, 02:33 PM
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date

So both cases are now current, which leads to a couple of options for AOS:

1. File based on approved EB3 (and risk a potential retrogression in future)

2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?



If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.

I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.