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  • Question on changing employers

    Hi all,

    A bit of background:

    Entered US on L1 in March 2007
    Converted to H1 in October 2008
    H1 valid till October 2011
    EB3 priority date: May 5, 2008
    I-140 approved
    will get my MS in May this year from an American university

    my current options:
    1. stay with same company in the same location
    2. move to another state with the same company after I get my MS
    3. get a job with another company after I get my MS

    I'm trying to decide which of the above options will be the most helpful in speeding up the GC process.

    questions:
    0. Which of the above options do you think would be the most helpful in speeding up my GC process?
    1. for #2 above, will I be able to re-apply for EB2 with the same priority date (May 2008)?
    2. for #3 above, when the new company applies under EB2, will I get my previous priority date (May 2008)?
    3. for #2 and #3 above, do I have to do the whole process (LCA, I-140 etc.) all over again?
    4. for subsequent stampings of H1, what will be the length of stay granted? 1 year or 3 years? I'm planning to go to India in December 2011.

    Thanks a lot!

  • #2
    You getting a MS will not automatically qualify you for EB2. The job should require such qualification. You can recap the PD but have to start from labor. H1b extension can be for 3 yrs if you have an approved 140.

    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.

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