EB3 to EB2

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Yes I want to know the answer to this question too,,,,if you are upgrading your position from and u applying in a Director level position and if your labor certification is already filed, does the new process start from that of will the person have to go through same process again or will the new emplyer pick it from where you left? My question is if the new position qualifies for EB2 does one have to start from scratch?

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emerald911

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Does category selection (EB2 or EB3) for green card
processing depends upon the kind of ad posted for the position? Is it
possible to change the category from EB3 to EB2 at a later stage after I-140
approval?

The general rule is that the category is determined
when filing the LC/ PERM and the precursor to filing the PERM case is when
the print advertisements run for the position. It is not possible to change
the category after the I-140 approval. One can maintain the earlier EB3 PD
after the I-140 approval and then start a new LC/PERM case and, after that
is approved, file a new EB2 PERM case and request maintaining the earlier
PD. EB2/EB3 is determined by the job requirements set out in the labor
certification by the employer and the DOL.

pixie: the short answer is "you need to start from scratch."

romanrana54

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I am also thinking to change from EB 3 to EB 2 . But as you said I have
to start from scrach i will need to start from H 1 filing. is it not>

And how can i keep my EB 3 and EB 2 together , means I have to work 40 and 40 hours to maintain EB 3 and new EB 2 ?

please reply to me if anyone knows,

onlyassignments

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I think technically you dont start working under your green card filing until you file your 485 and receive EAD

cisco

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I am also looking for some attroneys...which lawyer are you using and how much do they charge ?

romanrana54

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I also need to find a new one.
I have the old one, but I don't like him anymore.

romanrana54

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Hi guys,
I know that the GC is for future employment, bu my lawyer told me that i must work at least 37.5 hours a week once I file I485. Otherwise USCIS may deny the Gc. They may ask the proof of full time work in case of interview for GC.

I am working 37.5 hours for company A and 20 hours from company B because I ma thinking to apply H-1B from company B. Company a is EB3 and company will be EB2. I used to be on F 1 visa, once I applied for 485 the lawyer told me that i dont have to keep my F 1 status anymore because of pending 485.
Now he says that I need to have other status than just pending GC to file for H-1 visa.
Please let me know.
Thanks again in advance,
Romanrana

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