Often we get the same complaints from people standing in line
for the EB-3 permanent resident visas to be available. What can
they do to move up in line and actually get the Green Card in the
near future? There is one option available, that many people are
turning to.
Do you have a PERM approved for the EB-3 category along with an
approved I-140 petition? If so, you may be able to upgrade your
Green Card to the EB-2 category and use the priority date from the
prior PERM. If you have an advanced degree and are now in a
position that requires an advanced degree, your employer can do a
new PERM for you for the new position. Once certified, you can file
a new I-140 petition for the new EB-2 category using the prior
approved I-140 petition's retained priority date. Often,
that will mean an immediate I-485 filing if the visas are current,
and a Green Card within months, not years.
