If I convert from EB2 to EB3, will my priority date remain same? Can I come back from EB3 to EB2 in future?

Asked over 1 year ago - Lodi, NJ

I have filed GC in EB2 category, but I am getting good opportunity in some big MNC and they can not continue my current EB2, but they can file new application in EB3.
So what's procedure for it? Is it possible in future If get some opportunity then can I come back to EB2 again from EB3?

Attorney answers (4)

  1. Dean P Murray

    Contributor Level 18

    4

    Lawyers agree

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    Answered . There are certain types of questions that can be simply answered on Avvo, while there are others that require considerably more analysis. You owe it to yourself to contact a lawyer. Try the lawyers used by your prospective employer first. If you are not satisfied with those answers, you can always contact an immigration lawyer, whether myself or one of my colleagues. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  2. F. J. Capriotti III

    Contributor Level 20

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    Answered . Yes, in theory you can have two different application pending.

    Talk to the immigration lawyer(s) working with both of these companies ... they need to be fully informed as to what's going on.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Harry Asatrian

    Contributor Level 15

    2

    Lawyers agree

    Answered . If the I-140 based on the EB-2 was approved, you will be able to capture the priority date for the EB-3. If you go back to an EB-2, the same will apply.

    I would consult with a business immigration attorney to review your matter. This would be my best advise in your case.

  4. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . http://www.engnishimura.com/immigrant-visas/per...

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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