Question

I have an approved I-140 from previous employer and PD is December 2016. My current employer filed PERM (master + 2 years) and it is certified. According to the visa bulletin for Jan 2020, my PD is current under EB3. Here are my questions.

1. Can I file EB3 i140 and 485 concurrently using the new PERM (master + 2 years)? Or I have to file EB2 first?

2. Can I file EB2 and EB3 and 485 at the same time?

Could you give some recommendation which is the best for my case. Thank you.

Answer 1

As of Jan 2020, the PD for EB2 is Aug 2016, we recommend to wait for your PD becomes current then file 485. Yes, once your PD becomes current you can file 140 and 485 concurrently. 

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Comments

Thanks for your response. I'm asking if I can file EB3 140 directly when the PERM is designed for EB2. Or I have to file EB2 and then downgrade to EB3.