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ultimo
08-02-2011, 01:20 PM
I am in eb3 with PD 06 . Planning to change from eb3 to eb2 ..
The premium processing for I-140 is still available?.

What will happen to my eb3 i140 & labor if the eb2 i140 is rejected .
To hold multiple I140 is it legal.
Is it possible to port the eb3 priority date to eb2?
I have an ead which expires in 2013 .If Eb2 I140 is rejected will it automatically cancels the EAD also ...

khendai
08-02-2011, 01:35 PM
I am in eb3 with PD 06 . Planning to change from eb3 to eb2 ..
The premium processing for I-140 is still available?.

What will happen to my eb3 i140 & labor if the eb2 i140 is rejected .
To hold multiple I140 is it legal.
Is it possible to port the eb3 priority date to eb2?
I have an ead which expires in 2013 .If Eb2 I140 is rejected will it automatically cancels the EAD also ...

I just started doing the same (EB3-EB2 with same employer)
Not sure about 140 premium processing.
Any issue/rejection with EB2 will not affect EB3 and it is ok to apply for I140 again. I assume your prior I140 from EB3 was approved.
Yes, it should be possible to port the priority date but you should have atleast 50% improvement in your job role.
Again, your EAD based from EB3 will have no effect on your EB2 I-140.

As always, consult your attorney!

Thanks,
Khendai

ultimo
08-02-2011, 01:40 PM
Thanks khendai

ultimo
08-02-2011, 01:42 PM
what will happen to my dependents GC application .when I change from eb3 to eb2 dependent application also changes to eb2 dependent

khendai
08-02-2011, 01:49 PM
what will happen to my dependents GC application .when I change from eb3 to eb2 dependent application also changes to eb2 dependent

I am not there yet but my understanding is:
During EB2 I-140, you need to include your dependents and you specify about your pending EB3 485. Since you are already qualified for EB2 (since your EB2 labor is approved), your 485 file will be updated to EB2 category and allot the visa number since your PD is current for EB2.

atlgc
08-02-2011, 02:27 PM
I am in eb3 with PD 06 . Planning to change from eb3 to eb2 ..
The premium processing for I-140 is still available?.

What will happen to my eb3 i140 & labor if the eb2 i140 is rejected .
To hold multiple I140 is it legal.
Is it possible to port the eb3 priority date to eb2?
I have an ead which expires in 2013 .If Eb2 I140 is rejected will it automatically cancels the EAD also ...


i am not a legal advisior but will give my experience

The premium processing for I-140 is still available?.
**YES
What will happen to my eb3 i140 & labor if the eb2 i140 is rejected .
** eb3140 is fine
To hold multiple I140 is it legal.
** i believe so
Is it possible to port the eb3 priority date to eb2?
** yes i did
I have an ead which expires in 2013 .If Eb2 I140 is rejected will it automatically cancels the EAD also .
** no i don't think so

atlgc
08-02-2011, 02:33 PM
what will happen to my dependents GC application .when I change from eb3 to eb2 dependent application also changes to eb2 dependent

140 determines eb2 or eb3. everyone will get a bump in PD when you interfile I-485 after I-140 approval

ultimo
08-02-2011, 06:55 PM
that was great info atlgc ...

ultimo
08-02-2011, 06:58 PM
khendai please inform us when your I140 & labor gets approved

Honda
08-02-2011, 08:17 PM
khendai Please let us know once your labor & I 140 approved. I am planning to upgrade from eb3 to eb2 also...

ultimo
08-10-2011, 01:16 PM
If my eb2 140 is approved & priority date ported do I need to apply for I-485 again in EB2

Honda
08-10-2011, 01:31 PM
If my eb2 140 is approved & priority date ported do I need to apply for I-485 again in EB2

No, It's not necessary. Automatically they will use Eb3 I-485.

ultimo
08-11-2011, 06:55 PM
Thanks Honda

ramafico
09-06-2011, 10:38 PM
i am not a legal advisior but will give my experience

The premium processing for I-140 is still available?.
**YES
What will happen to my eb3 i140 & labor if the eb2 i140 is rejected .
** eb3140 is fine
To hold multiple I140 is it legal.
** i believe so
Is it possible to port the eb3 priority date to eb2?
** yes i did
I have an ead which expires in 2013 .If Eb2 I140 is rejected will it automatically cancels the EAD also .
** no i don't think so

As per my analysis, I will be fall under below category

O*net Job Zone: 4
Wage level: II ($79,144/per annum)
Educational Qualifications: Bachelorís degree
Work experience: 8 years
SVP: 8

Whereas my experience as below

Bachelorís Degree (Indian Masterís Degree 10+2+3+2)

Work Experience : 7.5 Yrs
Salary : 90000(pa)
My companyís requirements for my position : Bachelorís Degree with 3-5 yearís experience

Position Title : / SAP FICO Configuration Specialist

My attorney told that there is a risk of trigerring an audit if we file under EB2 category ,so he advised me to apply for EB3 and get labour certification and I-140 approved and immediate right after apply for EB2 and get the priority date of EB3.

Could someone comment and throw light on below topic
Handling the risk of EB2 audit vs. handling the risk of audit for porting EB3 to EB2 with the same employer?

Thanks in advance

davidoff
09-07-2011, 08:56 AM
has DOL started accepting resumption of action on PWD requests??

"The U.S. Department of Labor (DOL) is not issuing Prevailing Wage Determinations (PWDs) as of July/Aug. The PWD is a required step in the PERM labor certification (LC) process, and the DOL stopped issuing them in July 2011. Thus, the entire system for initiating PERM LCs has been disrupted. There is no certainty as to when the DOL will return to their normal issuance of PWDs. This does not impact PERM cases that have already been filed; the problem relates solely to the ability to file new PERM cases. "



I am not there yet but my understanding is:
During EB2 I-140, you need to include your dependents and you specify about your pending EB3 485. Since you are already qualified for EB2 (since your EB2 labor is approved), your 485 file will be updated to EB2 category and allot the visa number since your PD is current for EB2.