EB3 to EB2 conversion with New company

USA Green Card
,
1

Hi, Let me please explain the situation here.
My old employer A filed GC on EB3 category with a priority date 12/12/2014.
I have I140 received in 2016 and filed I485 and EAD ( with AP) on Nov 2020 when the date of filing became current. I have received EAD and 485 is still in progress as final action is not current. All these happened while I was with employer A.

Then on Sep 2021, I had switched to employer B (but on H1 transfer) and is currently with empoyer B. I see EB2 current date is 12/1/2014 and EB3 dates are far back (01/15/2012). What is the best course of action for my GC?

Can I apply/get GC process moved to EB2 with new employer B? If so, what should I request the immigration department?
or Should I continue to be EB3 and wait for the EB2 eligible I-140 to clear out.

Could you please advise on this siutation?

1 Like
2

The new employer will need to start your GC process from scratch if you want to switch from EB3 to EB2 queue.
Restarting GC process means anywhere between 10 to 18 moths before you get the I-140 approved. If your PD is current in EB2 at the time your EB2 labor is approved, you may be able to file I-140 and 485 concurrently.

2 Likes