Hello Anil,
Could you please clarify the following in terms of green card filing and the process around it?
EB 2 to EB3 Downgrade
My employer filed my GC initially in EB3 and got my I140 approved. Later they ported my case to EB2, got a new PERM and I140 approved. Given that now EB3 dates are moving ahead of EB2, can I file my I485 with the EB3 I140 approval and the latest EB2 PERM?
My employer mentioned they can provide the Supplement J for either of the EB approvals (i.e. EB2 / EB3) but the PERM would be the latest (i.e. EB2 in my case).Do I need anything else from my employer to file I485 and is this process of filing I485 with EB3 approval valid?
i485 filing Document list
Are there any specific documents that I need to submit apart from the ones listed in the I485 form for filing the I485? Could you please confirm this is the only list of documents required for filing in this case:
- Two passport-style photographs
- A copy of a government-issued identity document with photograph
- A copy of birth certificate (if unavailable or does not exist, provide other acceptable evidence of birth such as church, school, or medical records, and proof of unavailability or nonexistence, if applicable)
- Documentation of immigrant category, such as a copy of Form I-797, Approval or Receipt Notice, for the immigrant petition (unless you are filing your Form I-485 with the petition, such as Form I-140)
- Evidence you continually maintained a lawful status since arriving in the United States (or that you are exempt under 245(k) from the INA 245©(2), (7) and (8) bars)
- Confirmation of job offer (on Form I-485 Supplement J (if applicable))
- Form I-864, Affidavit of Support or I-864W (if applicable)
Thanks,
HP