Applying for US green card (EB3)?

Question

I am from India. I had completed my MS from Western Michigan University in 2004. In 2005 I got my EAD(OPT) card, but I did NOT use it. I have a BS degree also from India. I have valid B1 visa as well for 10 years.
Now yesterday I got a job offer from a US employer. They are ready to sponsor green card for me. I have the following questions:
1. Can I apply for EB3 since there is no date for EB2? I have an MS degree, can I still apply for an EB3?
2. Later can I convert it to EB2?
3. Do I have to file I140, I485 and I765 at the same time?
4. Can my EAD renewal process be expedited?

Your replies are appreciated.

George L · Accepted Answer

well, it you're being sponsored on an EB3 petition, as a citizen of India, you have a 10 year wait before you can use the petition. take a look for yourself. I'm sure there will be EB2 visas available for Indians after October 1, but I imagine there will still be some waiting period. probably less than 10 years though.

edit: it means you could have a petition filed in that category, but until it became current, or valid for use, you can't file an I-485. unless, you are willing to pay your $1,000 and have it rejected. you wouldn't be eligible for a visa or for adjustment of status in the US for 10 years. if you remained in the US, you'd have to remain in status while waiting for the petition to become valid or you wouldn't be able to use it once it did.

Ed · Answer

You are wasting your time. For India EB2 is unavailable and the September visa bulletin indicates the priority day for EB3 to be 
10-8-02. Your employer can file the I-140 but you cannot file the I-485 or I-765.  Filing the I-140 will not enable you to remain in the US with the B-1 visa.

Applying for US green card (EB3)?

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