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

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  #1 (permalink)  
Old 11-12-2008, 04:38 AM
Senior Member
Priority Date
:
Jan-07
Category
:
EB3
I140 Mailed Date
:
05/14/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2008
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Default Maintaining status while converting from eb3 to eb2 without h1b

I am currently on my EAD and AP using Eb3 application. This is my only status since my h1b has expired. I have the opportunity to
move into manager position in the same company and can file my green card again in Eb2. The question is if I file a new PERM application in Eb2 than would that cancel my eb3 green card application and hence I go out of status?

I would like to continue to maintain status using the eb3 application while applying for EB2 green card. is that allowed?


Also, what are the risks involved? Would the Eb3 application get cancelled if I apply for Eb2 Perm? I would not like to be in this situation since this would put me out of status and cancel my EAD

Last edited by beautifulMind; 11-12-2008 at 05:12 AM.
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  #2 (permalink)  
Old 11-12-2008, 12:19 PM
Senior Member
Priority Date
:
Jan-07
Category
:
EB3
I140 Mailed Date
:
05/14/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2008
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Join Date: May 2006
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Anybody any ideas
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  #3 (permalink)  
Old 11-12-2008, 12:40 PM
Senior Member
Priority Date
:
Sep-06
Category
:
EB3
I140 Mailed Date
:
10/30/2006
Chargeability
:
Nigeria
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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No, your EB3 application will not be cancelled by applying a new EB2 application. At the I-485 stage you may withdraw the earlier application after you've submitted the new one. Alternative, after your EB2 I-140 is approved you could interfile the new I-140 with the previous I-485. You may want to search the forum for 'interfiling'.
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  #4 (permalink)  
Old 11-12-2008, 02:57 PM
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Priority Date
:
Jan-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
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:
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Default how can you file perm without H1?

I don't think you can file for EB2 PERM without valid H1-B
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  #5 (permalink)  
Old 11-12-2008, 03:33 PM
Senior Member
Priority Date
:
Sep-06
Category
:
EB3
I140 Mailed Date
:
10/30/2006
Chargeability
:
Nigeria
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Quote:
Originally Posted by codehari View Post
I don't think you can file for EB2 PERM without valid H1-B
That is not correct! An employer can file a PERM application for anybody, even for someone who is not here in the United States.
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  #6 (permalink)  
Old 11-12-2008, 04:49 PM
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Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
11/15/2006
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:
India
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:
I-485
I485 Mailed Date
:
08/10/2007
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Default Perm without H1-b

Are you sure that an employer can file for labor (Perm) and then I-140 even if the employee was on an EAD and not on his H1-B?

-va_dude
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  #7 (permalink)  
Old 11-12-2008, 08:05 PM
Senior Member
Priority Date
:
Sep-06
Category
:
EB3
I140 Mailed Date
:
10/30/2006
Chargeability
:
Nigeria
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Quote:
Originally Posted by va_dude View Post
Are you sure that an employer can file for labor (Perm) and then I-140 even if the employee was on an EAD and not on his H1-B?

-va_dude
I am sure.
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"All the problems we face in the United States today can be traced to an unenlightened immigration policy on the part of the American Indian."
- Pat Paulsen
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  #8 (permalink)  
Old 11-13-2008, 12:13 AM
Member
Priority Date
:
Apr-03
Category
:
EB3
I140 Mailed Date
:
10/23/2006
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
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Default

Yes, filing of PERM has nothing to do with your current status as Green Card is for future employment.
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  #9 (permalink)  
Old 11-13-2008, 06:16 AM
Senior Member
Priority Date
:
Jan-07
Category
:
EB3
I140 Mailed Date
:
05/14/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2008
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Join Date: May 2006
Posts: 170
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But what if I have already started working for the Eb2 position using the EAD of the EB3 position. Am I using AC21? but wait shouldn't AC21 be used for same or similar occupation. however my eb2 position is atleast 50% different from eb3 position and hence allowed me to file in eb2 in the first place. All this is getting very confusing for me now
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