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Thread: EB2 could be filed while awaiting EB3 approval?

  1. #1
    I am currently awaiting my approval of EB3 but it's over two years now and I was filed April of 2007. Immig is processing 2001 so I think it might take awhile. I have an offer with another company who is willing to file me an EB2. Do you think it's ok to be filed with two different kinds of employment-based green card at the same time? Please help me so I could arrive with a sound decision. Thanks

  2. #2
    I am currently awaiting my approval of EB3 but it's over two years now and I was filed April of 2007. Immig is processing 2001 so I think it might take awhile. I have an offer with another company who is willing to file me an EB2. Do you think it's ok to be filed with two different kinds of employment-based green card at the same time? Please help me so I could arrive with a sound decision. Thanks

  3. #3
    You can have two employment based cases filed at the same time. In fact, if the EB3 case gets approved, you will be able to retain the priority date of that case for EB2.

    Also, your post is a bit confusing. USCIS is processing I-140 cases filed in the last 6 months. It's the green card that is backed up to 2001.

  4. #4
    Actually I am filed EB3 with an approved I140 and my I485 is more than 180 days since it was filed. Am I eligbile for AC21 because another employer is willing to file me an EB2? thanks

  5. #5
    You are eligible for AC21 portability as long as it is same or similar position.

    Once you port, your new employer can file a new PERM and I-140 for you. Then you'll be able to retain the priority date of the EB3 case and get your GC faster.

  6. #6
    Please make sure that you interfile the new EB2 with old I-140 to get the older priority date. I know this is a hassle, but can be done correctly by a competent attorney.

    Thanks

  7. #7
    What do you mean by "interfile"? When he files his AOS application, he simply has to include the previous I-140 approval notice and claim that he wants to retain the older priority date.

  8. #8
    My husband who has an H4, was filed together with my I-40 for an EB3 application. However my husband has not filed I485 yet but I did. Currently, he is awaiting renewal of his H4. My question is, my future employer who is willing to apply an Eb2 for me, will I be able to add my husband to my EB2 application despite H4 is pending its renewal or we have to wait renewal prior to filing of my EB2? what are the risk?

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">When he files his AOS application, he simply has to include the previous I-140 approval notice and claim that he wants to retain the older priority date. </div></BLOCKQUOTE>

    Please note, sorry, that the old EB3 priority date retention request for the new EB2 application happens at the PERM refiling stage, not anywhere later on, because it's LC/PERM that sets priority dates not I-140. (Kindly see the first field on form ETA-9089).

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">My husband who has an H4, was filed together with my I-40 for an EB3 application. However my husband has not filed I485 yet but I did. </div></BLOCKQUOTE>

    Unlike family-based, the (I-140) petition is being filed 'only' for the principal alien in most employment-based cases. The dependents are simply being immaterially listed on the form, meaning non-listing doesn't preclude alien dependent's eligibility for AOS filing.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Currently, he is awaiting renewal of his H4. My question is, my future employer who is willing to apply an Eb2 for me, will I be able to add my husband to my EB2 application despite H4 is pending its renewal or we have to wait renewal prior to filing of my EB2? what are the risk? </div></BLOCKQUOTE>

    Your EB2 application can be filed anytime even while your husband's H4 application for renewal is still pending. A timely filed and USCIS-receipted Form I-539 is a proof of maintenance of nonimmigrant status so your husband can file his own AOS with you also while awaiting the result of his H4 extension.

    And if you're not from China or India your priority date for EB2 is "C"urrent hence all AOS applications for the whole family could be filed concurrently with the I-140.


    (Just an opinion - take it or leave it).

  10. #10
    Hi Rn,
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

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