Legal Question in Immigration Law in New Jersey

EB3 to EB2

Hi,

My company currently filling GC application for me. Right now I am filling EB3 which will take me around 5-6 yrs to get GC based dates. I am graduating in 2011 for masters degree. So, if I start process for EB3 and latter on I get new position and file EB2, I know, i will loose all the time. But is it OK. Can I withdraw EB3 and start filling new case with EB2 ?? This will not raise any flag or will not disqualify me for EB2 because I am withdrwing EB3 ?

I gretly appreciate your response


Asked on 6/30/09, 12:45 am

1 Answer from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

Re: EB3 to EB2

There are benefits to filing an EB-3 application, and later filing another application under the EB-2 category once you qualify and the job for which you are being sponsored qualifies. If your I-140 application filed under the EB-3 category is approved, then you can use that priority date for your EB-2 application. However, your employer will have to go through the entire process as second time. Both you and your employer should discuss the EB-2 and EB-3 categories in detail with an attorney in detail.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

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Answered on 6/30/09, 10:40 am


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