Bab

Current status of mine:
My Employment based green card with my current employer is pending in
EB3 category at the Consular processing stage at the consulate with the
Labor, I-140 approved. My priority date is July 2003.
My future plan:
I plan on filing a new PERM LC EB2 petition and inherit the old EB3 PD
onto it while filing for the EB2 I-1485 after the approval of EB2 LC,
I-140. The EB2 petition is for a different senior position compared to
the old EB3 petition.

I have some questions on transferring the old EB3 PD onto new EB2
petition while filing for EB2 I-1485.

1)From my understanding (please correct me if I am wrong) the transfer
of priority date and filing of 485 is a two step process as depicted
below where each step happens successively in the same order.
a)Transfer of priority date (PD) is based on the priority retention
rule whereby you get the oldest priority date.Hence I will inherit the
old EB3 PD onto the new EB2 petition.
b)After transfer of priority date to EB2 (from step a) if EB2's
priority date(transferred from old EB3 PD) is current then we apply for
new I-485 or interfile for I-1485 if I-485 for EB3 already pre-exists
substituting the existing immigration petition with the new EB2
petition.
In my case since my CONSULAR PROCESSING IS PENDING and there is NO
I-485 pending, how will the transfer of priority date and filing of 485
happen. ie Is it something like TRANSFER the old EB3 priority date to
new EB2 petition(step a) and if the new EB2 petition (with the old EB3
priority date ie July 2003) is current we just file a NEW I-485(step
b)?

2)Does NVC need to be INVOLVED when transferring the PD and filing of
new EB2 I-485 happens? If so do we contact them BEFORE filing of EB2
I-485 or AFTER filing for I-485. What do we contact them FOR?

3)Assuming EB2 I-1485 is filed using the old EB3 PD what HAPPENS to the
old EB3 pending CP? Is is considered ABANDONED since I-1485 on the new
EB2 is filed or will it exist as a SEPARATE petition and thereby TWO
SEPARATE PETITIONS(Please understand that the new EB2 petition is for a
different senior position compared to the old EB3 petition) coexist.

Bab

could someone please assist me on this.

bab wrote:
    > Current status of mine:
    > My Employment based green card with my current employer is pending in
    > EB3 category at the Consular processing stage at the consulate with the
    > Labor, I-140 approved. My priority date is July 2003.
    > My future plan:
    > I plan on filing a new PERM LC EB2 petition and inherit the old EB3 PD
    > onto it while filing for the EB2 I-1485 after the approval of EB2 LC,
    > I-140. The EB2 petition is for a different senior position compared to
    > the old EB3 petition.
    > I have some questions on transferring the old EB3 PD onto new EB2
    > petition while filing for EB2 I-1485.
    > 1)From my understanding (please correct me if I am wrong) the transfer
    > of priority date and filing of 485 is a two step process as depicted
    > below where each step happens successively in the same order.
    > a)Transfer of priority date (PD) is based on the priority retention
    > rule whereby you get the oldest priority date.Hence I will inherit the
    > old EB3 PD onto the new EB2 petition.
    > b)After transfer of priority date to EB2 (from step a) if EB2's
    > priority date(transferred from old EB3 PD) is current then we apply for
    > new I-485 or interfile for I-1485 if I-485 for EB3 already pre-exists
    > substituting the existing immigration petition with the new EB2
    > petition.
    > In my case since my CONSULAR PROCESSING IS PENDING and there is NO
    > I-485 pending, how will the transfer of priority date and filing of 485
    > happen. ie Is it something like TRANSFER the old EB3 priority date to
    > new EB2 petition(step a) and if the new EB2 petition (with the old EB3
    > priority date ie July 2003) is current we just file a NEW I-485(step
    > b)?
    > 2)Does NVC need to be INVOLVED when transferring the PD and filing of
    > new EB2 I-485 happens? If so do we contact them BEFORE filing of EB2
    > I-485 or AFTER filing for I-485. What do we contact them FOR?
    > 3)Assuming EB2 I-1485 is filed using the old EB3 PD what HAPPENS to the
    > old EB3 pending CP? Is is considered ABANDONED since I-1485 on the new
    > EB2 is filed or will it exist as a SEPARATE petition and thereby TWO
    > SEPARATE PETITIONS(Please understand that the new EB2 petition is for a
    > different senior position compared to the old EB3 petition) coexist.

Easters

Very interesting subject. I will do my research and get back to you in this
group. One question though: EB-3 is current for filing I-485, main problem
from my point of view would be to make new PERM LCA approved under those new
strict rules. It suppose to take less then 2 month to get result from DOL
on approval or denying your new LCA. Are you trying to save 2 month waiting
by transferring your EB-3 application into EB-2 ? Or you heard that PERM
takes longer then 2 months? I think it would be a little dangerous to risk
your current filed (and approved) application, although it does sound silly
to wait until you can use yours for I-485, since they are working on October
2001 now.

Let me know.

"bab" <[email protected]> wrote in message
news:[email protected] ups.com...
    > Current status of mine:
    > My Employment based green card with my current employer is pending in
    > EB3 category at the Consular processing stage at the consulate with the
    > Labor, I-140 approved. My priority date is July 2003.
    > My future plan:
    > I plan on filing a new PERM LC EB2 petition and inherit the old EB3 PD
    > onto it while filing for the EB2 I-1485 after the approval of EB2 LC,
    > I-140. The EB2 petition is for a different senior position compared to
    > the old EB3 petition.
    > I have some questions on transferring the old EB3 PD onto new EB2
    > petition while filing for EB2 I-1485.
    > 1)From my understanding (please correct me if I am wrong) the transfer
    > of priority date and filing of 485 is a two step process as depicted
    > below where each step happens successively in the same order.
    > a)Transfer of priority date (PD) is based on the priority retention
    > rule whereby you get the oldest priority date.Hence I will inherit the
    > old EB3 PD onto the new EB2 petition.
    > b)After transfer of priority date to EB2 (from step a) if EB2's
    > priority date(transferred from old EB3 PD) is current then we apply for
    > new I-485 or interfile for I-1485 if I-485 for EB3 already pre-exists
    > substituting the existing immigration petition with the new EB2
    > petition.
    > In my case since my CONSULAR PROCESSING IS PENDING and there is NO
    > I-485 pending, how will the transfer of priority date and filing of 485
    > happen. ie Is it something like TRANSFER the old EB3 priority date to
    > new EB2 petition(step a) and if the new EB2 petition (with the old EB3
    > priority date ie July 2003) is current we just file a NEW I-485(step
    > b)?
    > 2)Does NVC need to be INVOLVED when transferring the PD and filing of
    > new EB2 I-485 happens? If so do we contact them BEFORE filing of EB2
    > I-485 or AFTER filing for I-485. What do we contact them FOR?
    > 3)Assuming EB2 I-1485 is filed using the old EB3 PD what HAPPENS to the
    > old EB3 pending CP? Is is considered ABANDONED since I-1485 on the new
    > EB2 is filed or will it exist as a SEPARATE petition and thereby TWO
    > SEPARATE PETITIONS(Please understand that the new EB2 petition is for a
    > different senior position compared to the old EB3 petition) coexist.