Master 8, please help EB3 to EB2

Master 8, thank you very much for your help on the questions regarding H-1B and I-140 in the past few months. With the help from all the friends, we were very lucky to get everything approved on time and were able to get the 3 year H-1B extension just in time.

Now I have a few questions about the I-140. My application was filed under EB3 for some reasons, even though the job required a bachelor degree and 5 years experience. Now with EB3 approval in hand, we are going to try to file for EB2.

1. I asked our legal personnel if I need to get the employment letters again and the answer was no, since I already have the I-140 approval. I thought we have to do that since this is a new application. What's your thought on this?

2. In order to keep the current approved EB3 safe, anything we need to be careful about when we file for EB2? In Form I-140 Part 2 Petition Type, we should check box D this time, right? Last time, Box E was checked. Right after the Petition Type there was a section about whether the petition is to Amend a previously filed petition. We can't check that box, right? Otherwise, if this EB2 was denied, the original EB3 is no longer valid either. Am I correct?

3. Do we need to have the EB2 application filed by a certain date? I thought we need to have it filed before PERM approval expires. However, my employer said we don't have to since we already have an approved I-140. Any concerns?

Again, thank you so much for all your help. I really appreciate it.

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• 回复：Master 8, please help EB3 to EB2 -863211- ♂ (3144 bytes) () 09/22/2011 postreply 07:49:06