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  #1 (permalink)  
Old 04-18-2009, 12:35 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 Using EB3 EAD and 485 status while converting to EB2

I am currently on EAD from 485 application (no H1b)..My 485 is applied in eb3 category. Also i-140 is approved.. I have moved to a new position in the same compnay where the job duties are 50% different from the earlier position.The Position also entitles me to start another Green card application under EB2. My QUestion is


Is it possible to apply for another GC in Eb2 and use the EAd status from the Eb3 application? Since I do not have
an h1b my only valid status in US is EAD and 485 from the Eb3 application
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  #2 (permalink)  
Old 04-20-2009, 02:28 AM
Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
09/20/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
09/20/2004
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Join Date: Feb 2009
Posts: 27
GreenCardLegion is infamous around these parts GreenCardLegion is infamous around these parts
Default

You can use your eb3 EAD.

But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.
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  #3 (permalink)  
Old 04-20-2009, 02:58 PM
Member
Priority Date
:
Feb-06
Category
:
EB3
I140 Mailed Date
:
06/20/2006
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
07/09/2007
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Join Date: Jul 2007
Posts: 48
TwinkleM will become famous soon enough
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@ GreenCardLegion
Why do you say that filing EB2 withe same company is most likely to be rejected? Is there any such clause?
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  #4 (permalink)  
Old 04-20-2009, 06:10 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
Compare
Join Date: May 2006
Posts: 170
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Default

Quote:
Originally Posted by GreenCardLegion View Post
You can use your eb3 EAD.

But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.

Thanks. I understand the chances are slim but I am willing to take the risk since My company has already gone through the recruitment process...Worst I still going to be on eb3...

Another question...By moving to a diferentt positon I am invoking AC21 even though it is in the same company...but at the same time I am filing for eb2 where job duties has to be atleast 50% different. This then violates ac21 rules so how come this is allowed. Most people convert from eb3 to eb2 using h1b but I am not sure if it is possible using ead
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