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EB3 to EB2 due to Promotion

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  • EB3 to EB2 due to Promotion

    Hello,

    I am working as a Sr Programmer in a company and already have my I-140 approved under EB-3. Now the company is promoting me to Project Lead and wants to process my Green Card under EB-2.

    Based on information from the company attorney, my H1B needs to be amended and I need to apply for fresh Labor Certification followed by new I-140. But as my I-140 under EB-3 is already approved, I still can use my EB-3 priority date for EB-2.

    I have the following questions:

    1. Do I need to wait to complete the H1B visa amendment process before getting promoted officially? Is there anything I need to get done (wrt USCIS) before being promoted officially?

    2. My stay in USA on the current H1B visa started on Jan 2007 and the usual 6 years ends in Feb 2013. But due to the approved I-140, I was able to get extension till March 2014. Now that I am requesting for the H1B amendment, will the H1B validity revert back to Jan 2013?

    3. As I understand PERM processing is for future employment. That said, do I need to wait for H1B visa amendment process to complete before filing for EB-2 PERM? Or can that process start in parallel?

    4. My current visa issued in India will expire in Jan 2012. Do I need to be concerned of anything if I have to travel to India during my EB-2 process?

    Any and all responses are greatly appreciated.

    Thanks.

  • #2
    Earlier PD will probably be ported.
    This is my opinion and not legal advice.

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