PDA

View Full Version : Is EB3 I485 based AP different than EB2 485 based AP?


sixburgh
08-17-2012, 12:09 PM
I have a unique situation.

EB3 based priority date is Aug 2004
i485 is pending for me and wife since July 2007.
We apply for EAD and AP regularly since then.
We have APs which we want to use for a planned travel to India in Dec 2012.

Few days back I decided to port to EB2.
Labor got cleared just a few days back.
I am planning to apply I-140 on monday using Premium Processing.
Based on other I-140 premium applications done by my company, I expect approval in 20 days.
I do know that EB2 is Unavailable now.
I also have read that EB2 may become available soon when the new year starts (which is I think Oct 2012)
I have heard that EB2 date may become Oct 2007.
If thats the case, it means that by Oct 1st, I should be able to apply for I485 and since date will be current, I should get a GC (if VISAs are really available).

Question is:
- Can I travel to India based on my AP which was given to me based on my EB3 I485?
- Or do I have to apply for a fresh AP, when I file for my I485?

Any information provided by experts will be quite helpful

Regards

hisuri23
08-17-2012, 01:11 PM
Once you get EB2 I-140 approval, all you need to do is request USCIS to approve your existing I-485 based on EB2 category once VISA numbers are available. You don't need to re-apply I-485 in EB2. Your I-485 case number will not change for EB3 to EB2 upgrade. Your AP is based on pending I-485 so i think it will not impact any existing AP and safely travel to India based on existing AP.

I did the upgrade recently and successfully got GC approval. I was in India when my EB2 I-140 was approved and safely came back to US with existing AP.

sixburgh
08-17-2012, 01:23 PM
Wow.
If I am not required to file for i485, that's a straight saving of 1000 bucks!
This is great information that I can simply inform USCIS to change my existing i485 application from EB3 to EB2.
I am now wondering if I should re-do my medical tests, because I dont think they are valid anymore.

hisuri23
08-18-2012, 12:34 AM
USCIS normally extend the validity of medical tests every year until the I-485 is adjudicated. Not sure if they extend next year or not. My medical test was done in 2007 and they didn't ask me to redo the tests and got GC approval without any issues.

http://www.uscis.gov/USCIS/Outreach/Feedback%20Opportunities/Interim%20Guidance%20for%20Comment/Ext_ValidityMedical_Cert_I693_2.pdf

Before travel make sure your Advance Parole is not expired and use AP for travel instead of visa e.g. H1. Dec 2012 seems close to GC approval if VISA numbers become current. After GC is approved, it is not safe to use any non-immigrant visas e.g. H1 to enter USA . Please check with your attorney before travel.

sixburgh
08-20-2012, 09:58 AM
Thanks