EB2 to EB3 filing

USA Green Card
1

Hello Anil,

We did concurrent filing of i140/i485 under EB2 category early October 2022. Our PD is June 29, 2011. We received all receipts, i765 EAD in 2 months. We did the bio-metric on March 3, 2023. In April visa bulletin, EB2 retrogressed to Jan’2011. Bad luck. But, our PD is still current under EB3 category (FA June 2012). Our employer has agreed to do EB3 interfiling so that we could use EB3 and EB2 based on the final action date.

Regarding this interfiling, I have few questions:

  • By early April, our 180 days clock with the employer will be over for EB2 filing. Does this 180 days clock restart after we do interfiling ?
  • Is my EAD card from October filing valid ? Does it let us to be free of employer starting April ? Pls explain in detail ?
  • Can our March bio-metric be used for the interfiling ? In other words, will it be considered as a continuation of the AOS adjustment process ?

Thanks,
Radha

2

Each i485 is considered separate for each category i.e. EB2 and EB3.

The EAD card can be used.

Your 180 day timer for EB3 will start if you file i485 using EB3 as a new application. If you interfile, the USCIS will convert pending EB2 to EB3.

I suggest to file a new i485 with EB3 so that you stay in both lanes.

2 Likes
3

Thanks Anil for the reply.

If we file a new EB3-i485 as a new application to stay on both lanes, do we need to redo the biometric for the EB3 as well ?