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Posted on 13 Jun 2010
Q.

Can I convert my Green Card from Eb-3 to EB-2 using EAD(no H1-B)

I am currently working on EAD. I do not have H1-B. I earlier applied for my Green Card in EB-3 category and my priority date is Dec 3,2004.(India)
My I-140 was approved in July 2007. I applied for my I-485 in EB-3 in July 2007.

I wish to transfer my Green card now from EB-3 to EB-2 category. I would like to know the process and the feasibilty regarding this. The present date for EB-2 India is October 1,2005.



1) If I apply for my Green card in EB-2 category, what happens to my old I-140 and Labor that were applied in EB-3 category ? Would they still be valid or would they be cancelled?

2) What happens to my old I-485? Would it be cancelled? I am currently working on EAD which is based on my old I-485. Would that be cancelled in case I apply for Green card in EB-2?

User's Location: Washington, DC, District of Columbia, United States of America
Category: Employment-based Green Card
Posted on 14 Jun 2010
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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