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FAQ: Can EB-2 approved file for EB-3?
FAQ: Can EB-2 approved file for EB-3?
With speculations that EB-3 may go ahead of EB-2, can we port down to EB-3 from EB-2 using existing labor, in general is it risky to do that, what happens if porting is denied will we loose existing approved EB-2 petition?.
Watch the Video for this FAQ: Can EB-2 approved file for EB-3?
Video Transcript:
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
Release Date
USCIS has published Form I-956K, Registration for Direct and Third-Party Promoters. The EB-5 Reform and Integrity Act of 2022 added the requirement for direct and third-party promoters to register with USCIS.
Release Date
U.S. Citizenship and Immigration Services is implementing the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.
How does EB-1C portability work?
I also have a question about the EB1C portability of the priority date. Say, If I have I-140 approved under EB1C and have a particular priority date. For some reason, if I need to or want to change employers and I do not qualify for EB1C with other employers. My new employer can file I-140 under EB-2, or I can file EB-2 NIW myself. I have both options. The question is whether I can use the priority date of the earlier approved I-140 petition under EB1C to the new employer's EB-2 petition and file AOS.
Sure. EB-1/EB-2/EB-3 all of them can be ported.