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From EB3 to EB2 **Whats the process**

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  • From EB3 to EB2 **Whats the process**

    Hi,

    My company has started my GC under EB3.Currently waiting for Labor approval. But, is there any way we can change from eB3 to EB2 when applying for I-140 ?

    # I have joined this company 2+ yrs back.
    # Have Batchelors degree with 3+ years of prior experience (not including my current company)

    is it possible to convert from EB3 to EB2 if yes, what is the process? or what is the pre-requist ? Please suggest. Thank you!!

    -Dev

  • #2
    Not possible for the scenario that you have detailed.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks txh1b,

      But is there any way which i can use my current company experience?
      My position got changed recently. Can't we put current experience also?

      Please advise.
      -Thx

      Comment


      • #4
        Its possible under only one condition.

        You quit the current employer and Join a new employer.

        You will not be able to retain PD.. its Labor cert all over again..

        Comment


        • #5
          Couple of problems. You do not seem to have the exp needed for jobs eligible for EB2. The job must require a EB2. To use current experience, the job for GC has to be 51% different than your experience from previous job.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            Job Change - PERM and I-140 approved, I-485 not filed yet

            Hello,

            This question may have been asked before but I couldn't find the answer.

            My current situation
            1) Currently in 5th year of H1 with employer A
            2) PERM and I-140 approved with a PD of Jan'09; I-485 not filed yet - EB3 category
            3) Received 3 year H1B visa extension based upon I-140

            I am planning or rather thinking about job change
            1) Can a new employer hire me under a transfer of H1? How many years would I get?
            2) Can the same employer file for my Green Card under EB2 category. I understand that the stage I and II will have to be repeated but can I keep my priority date same if it is a similar category job?
            3) Does my stage I and II automatically revoke if I quit job at Employer A? Is there a certain timeperiod after I-140 approval that stage 1 and 2 cannot be revoked?
            4) If I can't keep my PD, can a new employer B still file my green card from scratch (assuming that I have a successful H1 b visa transfer), even though employer A has filed my green card before. Will there be any complications?

            Any thoughts, advice, experience or recommendations would help.

            Thanks.

            Comment

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