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?
-Correct. I agree this person. You do not need to do the procedure all orver again if the PERM is for EB2 thought you filed EB3 I-140 based on this PERM. You just need to file a new EB2 I-140 based on this PERM again.
2. In order to keep the current approved EB3 safe, anything we need to be careful about when we file for EB2?
-Nothing. If the EB2 I-140 is denied, the approved EB3 I-140 will still be valid.
In Form I-140 Part 2 Petition Type, we should check box D this time, right?
-Correct.
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 Otherwise, if this EB2 was denied, the original EB3 is no longer valid either.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?
-No, but the sooner the better.
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
