Hello Rajivji, in other question, you mentioned you can not interfile as EB2 is converted to EB3. Can you please help clarify? Employer 1: PD April 2013, EB2 Employer 2: EB2 in Jun 2019 in Oct 2020, Downgraded to EB3 as amendment I-140 and this EB3 I-140 is approved, I got EAD/AP too. I interfiled with 485J in March 2022. Would my interfile be accepted? if no- what are my options? I don't want to stuck in EB3 for next 5-10 years! Thanks for your help.
When an I-140 downgrade to EB-3 has been filed as an amendment instead of a new case, to get back into the EB-2 category, you have to file a new I-140 using the same PERM application. If the dates are current, you can concurrently file for adjustment of status.
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Interfiling - the downgraded eb3 140 amendment is still pending?
Hello Rajivji,
Following up on the above question: if the downgraded EB3 140 amendment petition is not yet approved, could we then interfile with the previously approved EB2 140?
Since the EB3 140 filed as an amendment is not yet approved, is the previously approved EB2 140 still active and valid? If so, can we use it for interfiling? What is the right thing to do? Please advise. Appreciate your guidance!
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Interfiling - the downgraded eb3 140 amendment is still pending?
I see no problem with interfiling as long as the 140 amendment is not approved (it should have been filed as a "new petition"). You need your lawyers' review and the final decision, but legally, I see no issue.
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Interfile to link prior different employer EB2-140(not employer
I have 2 EB2 I-140 approval from two prior employers. Employer A EB2-140 was downgraded to EB3 as an amendment petition back in Oct 2020 along with concurrently filed I-485 petition. EB3 140 approved in mar 2021. I switched job based on EAD received to employer C. My EB2 priority date is current now and would like to know, Can this employer C file 485J to link previous employer B EB2 as I learned that employer A amended EB2 to EB3 can't be used anymore.
Appreciate your response.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Interfile to link prior different employer EB2-140(not employer
I cannot understand your question. Sorry.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Interfile after changing employer using AC21
Priority Date : Oct 2014. Oct 19th 2020 my previous employer (Company A) downgraded my application from EB2 to EB3 with amendment. Concurrently filed for EB3 I-140 and I-485. I have also another EB2 approval from another previous employer(Company B) EB3 I-140 was approved before I joined Company C.
After waiting for > 180 days pending I485 application, I joined a new employer Company C on Nov 2021 using AOS portability using 485- EAD. Company C filed I-485 J and receipt notice on Feb-2022.
Question : My PD date (Oct/2014) is current in EB2, Based on above situation can my current employer (company C) file I-485J to interfile me back to EB2 using my previous employer (company B) I-140 as company A eb2 140 already amended? Also wanted to know what options I have. Thank you
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Interfile after changing employer using AC21
From what I can tell, it looks like you ported your green card under EB3 to a new company. I don't see how you can have the new company use the EB2 of the prior employer.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
GC approval
My PD is June 2013 ( category EB2) with I -140 approved In December 2020, downgraded from EB2 to EB3 Biometrics done for myself and my dependent Aug 2021 I-140 in EB3 still pending I have never changed employers. Interfiled from EB3 to EB2 in February 2022 when PD dates became current EAD+AP combo card received in March 2022 I-485J receipt received April 2022 PD in EB2 category has been current for more than 3 months Awaiting our GCs. Wondering what's the timeline for that? Does the pending I-140 in EB3 have anything to do with this?
Thank you in advance!
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
GC approval
Check with your lawyers. I cannot predict timelines with any degree of reliability. EB3 SEEMS irrelevant.
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