many people are confused, read on

You need to understand some more before you make a decision:

Labor Certificate: the priority date is decided by this. Unfortunately this PD does not have to be YOU. It is for the employer, and 99% of time, you happen to be the benificiary. This one also decides EB2 or EB3 (job requirements). This is managed by State.

I-140: apply for GC: this is the step for USCIS to verify, you actually matched the LC, so you can get approved at this stage. NOW this LC tied to you.

I-485: Adjust of Status: so you will get the card now.

All these simply says, the PD tied to LC, which decides EB2/EB3. If you switch:

1. Employer can revoke your I-140 (not giving to you), but employer can give that to any one in his company even if a new comer. From here you lose everything.

2. In a new company, you can still use the old LC/I-140 with AC21, but the LC still decides EB2/EB3, you can not change that history.

3. You want EB2, start a new LC.

4. It is possible you have two sets, one for the old LC/I-140/I485, and the other all new.

Good luck

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• How about file another EB2 PERM and I-140 in same company with d -roamer2- ♀ (391 bytes) () 03/19/2007 postreply 16:27:04