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RFEs and specific queries RFEs and specific queries during Labor certification stage.

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Old 08-17-2010, 05:15 PM
sembat sembat is offline
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Default EB3 to EB2 change

Greetings,

I have a pending 485 application under EB3 category through my wife's application. However, recently her employer applied for the EB3-EB2 change since she already qualifies for EB2. I understand that the priority date remains the same. In our case the priority date is Feb 05. I wanted to know what will be the process going forward. Currently the EB3-EB2 application is on the PERM labor state. Once that gets approved does it mean that our I485 will be adjudicated immediately since for EB2 the priority date has already gone past ours (feb 05)? Or we will need to then apply for another I-140?

If anyone knows the process of EB3 to EB2 transfer can he/she kindly post it?

Thanks
k
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  #2  
Old 08-17-2010, 05:52 PM
rajenk rajenk is offline
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Originally Posted by sembat View Post
Greetings,

I have a pending 485 application under EB3 category through my wife's application. However, recently her employer applied for the EB3-EB2 change since she already qualifies for EB2. I understand that the priority date remains the same. In our case the priority date is Feb 05. I wanted to know what will be the process going forward. Currently the EB3-EB2 application is on the PERM labor state. Once that gets approved does it mean that our I485 will be adjudicated immediately since for EB2 the priority date has already gone past ours (feb 05)? Or we will need to then apply for another I-140?

If anyone knows the process of EB3 to EB2 transfer can he/she kindly post it?

Thanks
k
You have to apply a new I-140 for the EB2 only then you can interfile with I-485.

Look for details in my other post here

http://immigrationvoice.org/forum/fo...ce-needed.html
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