Is the EB3 still valid?

请问pjiang老师或8老师新的问题，我的以前关于J2的帖子曾被pjiang老师当过案例。

I originally came to the United States as a J-2, then studied as an F-1 student (left the United States and got the visa).  I worked with an H-1B visa from 2004 to 2010.  My I-485 was denied in August 2008 because of the 212(e) rule.  My hu*****and originally came to the United States as a J-1, went back to China for two years and completed the two-year home country residence requirement.

I have now spent two years in China and came back to the United States to work for the same employer in the same position (I worked in this position remotely while I was in China as a biostatistician).

I have two approved I-140s (EB3 and EB2) and both with the PD November 2003.  The EB3 was approved in 2005, but it was in EB3 by mistake because the person who filed my application checked the wrong box.  I actually should be in EB2.  The modification was submitted in January 2009 and the EB2 was approved in June 2009.

My questions are:

Is the EB3 still valid even though we made the modification to EB2?

If yes, should I apply for I-485 in EB3 now, or should I wait until October to apply in EB2?  In other words, which category will be faster?  I know this is not a question I should ask, but feel free to state your opinions.

I have a son who will turn 21 next March.

Thank you very much!

所有跟帖： 

• Invalid - 回复：Is the EB3 still valid? -pjiang- ♀ (135 bytes) () 08/21/2012 postreply 05:54:20

• 非常感谢pjiang老师回复我的问题。再请教两个问题。 -四月花开- ♀ (2326 bytes) () 08/22/2012 postreply 21:09:28