EB3 to EB2 transfer - Poll/steps

[samirpatel08]

I just started this thread to learn how other members are considering option to transfer EB3 case to EB2.

- Please let us know,
- Is it worth trying?
- Is there any issue if you have tried? Success or failure.
- If you got success, let everyone know.

Thanks,
Samir.

[cantonsale10@gmail.com]

Add one more option like 'I don't know what to do !!'

[MeraNaamJoker]

It is good idea. I discussed this my lawyer and according to him, nowadays USCIS is very strict about it and trying to match the requirements of EB2 against the candidate's credentials. If it perfectly matches only they will approve. It will be an option for those guys with EB3 with PD past 2005 and with enough EB2 credentials, primarily a masters degree and if it from US, then great.

Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.

My two cents worth!!!

[samirpatel08]

How can I do it? I could not find an option to change it.

[amar123]

It is good idea. I discussed this my lawyer and according to him, nowadays USCIS is very strict about it and trying to match the requirements of EB2 against the candidate's credentials. If it perfectly matches only they will approve. It will be an option for those guys with EB3 with PD past 2005 and with enough EB2 credentials, primarily a masters degree and if it from US, then great.

Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.

My two cents worth!!!

Please do not quote from memory, if this has happened in specific cases,mention the details with the OES/SOC Code. In most cases, EB2-Job requirement: Bachelors+5 years.

Any EB3 pre 2008(post 485) should be able to use it.Please check with your attorneys and not 2 cents. And, especially, scared guys like the above, saying that it will harm you to go to EB2.
If you are pending 485, even if ur new I-140 gets revoked, does it matter if you have the older I-140.

Regards,
Amar.

[mmk123]

Few of my friends are trying EB3 to EB2 - which is a good alternative to waiting but doing nothing.

They believe they are wrongly put in EB3 as they believe their education and job requirements match with EB2. But wrong company policy put them in EB3.

Will post if I hear back from them.

Good luck to everyone who is doing this; it's a great step! It is a step worth trying than the endless wait and should be encouraged.

[sareesh]

I want to start a new EB2 application but my manager is not willing. Actually, my labor is MS + 2 years but my attorney thought my I-140 will get rejected since I have included 1 month of internship in those 2 years of experience. I have masters + over 8 years of progressive experience. Working in the position over 6 years. Not blaming anyone just ranting because I don't want to change jobs now.

Thanks,
SG.

[acecupid]

It is good idea. I discussed this my lawyer and according to him, nowadays USCIS is very strict about it and trying to match the requirements of EB2 against the candidate's credentials. If it perfectly matches only they will approve. It will be an option for those guys with EB3 with PD past 2005 and with enough EB2 credentials, primarily a masters degree and if it from US, then great.

Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.

My two cents worth!!!

My lawyers opinion was completely opposite to yours. It does not harm the employee nor the employer in any way. If it did then employer would never agree to it in the first place. Also, there is no effect on the existing EB3 application. There are numerous lawyers like Murthy and Ron Gotcher who have written articles on the ease with which this process is possible and published their success stories.

Maybe its time you got a new lawyer and maybe its time you posted your details on your profile.

[matreen]

Team,

I am in eb3 with priority date jan/2007 and working with EAD and 485 pending.

my sponsered employer willing to promote me with my position and i was having thought of filing a new case in eb2 and port my eb3 priority date. my company has different sister company working in different areas, can I file my eb2 application from other sister company not from the company where my eb3 is filed?

Also I have 3 years degree and 1 year pgdca plus 10 plus years of experience. I wanted to know if you know anybody who filed eb2 with 3 years degree and 1 year pgdca? according to my research i may have trouble at 140 stage?

if my eb2 gets denied, what happens to my eb3 case?

Please advice.

Thanks,
Matt.

It is good idea. I discussed this my lawyer and according to him, nowadays USCIS is very strict about it and trying to match the requirements of EB2 against the candidate's credentials. If it perfectly matches only they will approve. It will be an option for those guys with EB3 with PD past 2005 and with enough EB2 credentials, primarily a masters degree and if it from US, then great.

Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.

My two cents worth!!!

[snathan]

Team,

I am in eb3 with priority date jan/2007 and working with EAD and 485 pending.

my sponsered employer willing to promote me with my position and i was having thought of filing a new case in eb2 and port my eb3 priority date. my company has different sister company working in different areas, can I file my eb2 application from other sister company not from the company where my eb3 is filed?

Also I have 3 years degree and 1 year pgdca plus 10 plus years of experience. I wanted to know if you know anybody who filed eb2 with 3 years degree and 1 year pgdca? according to my research i may have trouble at 140 stage?

if my eb2 gets denied, what happens to my eb3 case?

Please advice.

Thanks,
Matt.

Its tough at I-140. But you wont have any issues with EB3

[matreen]

Thanks Snathan. But do you think I may get my 140 cleared on the basis of 3 year degree?


Its tough at I-140. But you wont have any issues with EB3

[snathan]

Thanks Snathan. But do you think I may get my 140 cleared on the basis of 3 year degree?

Thats what I have said in my previous post...Its tough. But it depend on the job requirement and the PERM wording...and your luck

[IAF]

Just go far it.

I am in Q and let the form know when it is through.

[anu_t]

Team,

I am in eb3 with priority date jan/2007 and working with EAD and 485 pending.

my sponsered employer willing to promote me with my position and i was having thought of filing a new case in eb2 and port my eb3 priority date. my company has different sister company working in different areas, can I file my eb2 application from other sister company not from the company where my eb3 is filed?

Also I have 3 years degree and 1 year pgdca plus 10 plus years of experience. I wanted to know if you know anybody who filed eb2 with 3 years degree and 1 year pgdca? according to my research i may have trouble at 140 stage?

if my eb2 gets denied, what happens to my eb3 case?

Please advice.

Thanks,
Matt.

I know you won't like my reply but it is tough to get EB2 case approved with 3 years degree. Just what i observed in my circle. But if you feel comfortable doing it go ahead.

[locomotive36]

I am stuck in EB3 and want to apply for EB2. How does one find companies willing to do EB2? With desi consulting companies you can ask upfront to the recruiter but with american companies can you do the same?

Can users suggest some companies who are currently doing EB2?

[matreen]

IAF - You mean you files your eb2 case with three year degree?

When did you file? did you labor approved?

could you give me an example, how you changed your role and responsibilities for eb2?

If your eb2 gets denied, hope you have eb3 keep running as it is right?

Did you file your eb2 with same employer who filed your eb3?

Thanks in advance for your answers.

Thanks,
Matt.

Just go far it.

I am in Q and let the form know when it is through.

[IAF]

I have 4 years degree with Masters. However, if you made through EB3 you should be able to get through EB2. Nevertheless, it is worth a try as gains are large. I understand there is a risk (no risk no gain).
I have just started the process and my labor is in process. I am filing with my current employer who filed my EB3 case. Green card is for future job so they are taking me for higher position say manger. My lawyer is making sure there is some kind of sync up with Eb3 labor and H1B application. They should be supporting the present labor application.
Your employer need to be supportive and should be willing to work with you that help a lot. They have added some managerial stuff and kind of technical lead. I have not used my experience with present employer.
To best of my knowledge, there is no impact to eb3 case.
Hope this help.

[Sachin_Stock]

I have 4 years degree with Masters. However, if you made through EB3 you should be able to get through EB2. Nevertheless, it is worth a try as gains are large. I understand there is a risk (no risk no gain).
I have just started the process and my labor is in process. I am filing with my current employer who filed my EB3 case. Green card is for future job so they are taking me for higher position say manger. My lawyer is making sure there is some kind of sync up with Eb3 labor and H1B application. They should be supporting the present labor application.
Your employer need to be supportive and should be willing to work with you that help a lot. They have added some managerial stuff and kind of technical lead. I have not used my experience with present employer.
To best of my knowledge, there is no impact to eb3 case.
Hope this help.


I don't think there's any relationship H1-application. H1's for current employment where as PERM labor is for future employment. Future meaning, after your 485 has been approved. One doesn't even need to be on H1 to proceed for Eb3 to Eb2 conversion.

[nissan_1]

I work for a reputed American consulting firm with 30000 emp globally. I am EB3 India and missed the July 2007 boat. After trying from last 2 years, I finally convinced my employer to file my EB2. I have a 4 years Engg degree and had 5 years work exp in IT before joining this company. I already worked 6 years in this company. Our Lawyers do not want to use any of my preious experiance, rather they want to use "Bachelor's degree and 5 years of progressively responsible experience" in my current employer as I received promotions in the past to became a Manager. I have doubt in it. but they are one of the most reputed law firm in US and I do not think I can question them in regards to immigration rules.

What you guys think? Will it work?

[kkn006]

My priority date is June 2006.

I was with consulting company till 06/2009 after which I joined the client (fortune 10) company as full time employee. I'm on EB3 category using my EAD.

When I was with consulting company before I left they filed for my EB2 labor which is now approved.

Here is my DILEMMA.

OPTION#1) I can join my previous employer. i.e. the consulting company for interfiling between EB3 and EB2 so in which case if I go for premium I140 processing I will be on EB2 within a month or so.

BUT I'll have to leave my current full time employment which is with a fortune 10 company and good pay, I'm not comfortable to leave this position AND I do NOT want to loose the opportunity of getting my GC as soon as possible as EB2 dates are so close to my priority date.

OPTION#2) Discard the approved EB2 labor that my previous employer (consulting company) have for me and ask my current employer (fortune 10)company start my EB2 PERM labor and premium I140 and then interfile. IN THIS CASE, it might take about an year for me to get on to EB2 category BUT by then I'll miss the EB2 train if the dates become current before I get on to EB2 category....

------------------

Please provide your advice/inputs on what options I have, Do you know any other options than above specified.

Has anyone gone through this situation and how did you handle?

Any other feasible ideas that help me keep my full time position with fortune 10 company and as well get my GC on EB2 category.

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Forum members helped me in the past with valuable inputs so I counting on your inputs. Please spare few minutes and help me with your inputs/advice.

I appreciate your help and time.

PS: I have 10 yrs IT experience with Master degree from US univ.

[nayekal]

Guys,
Not sure whether my suggestions help any one, but I do have some real time knowledge about this process.

You can do EB2 with following options
1. A bachelor's (4 year degree) + 5 years exp. This exp should be with prior companies.
2. Master's with no minimum exp.
I am assuming you guys already have knowledge about EB2 requirements and skills. Basically, there is nothing in IT, which needs Bachelors or Masters. Requirement is defined by HR on advice by Attorney. Any job requirement can be defined as some thing which needs a bachelors or masters.

My company applied for me and another guy under EB2, since both of us have master's degrees over here. But, for another guy who had 7-8 years of prior exp, my attorney applied in EB3. This guys is a dev team lead and is one level above me.
By April 2008, we had our I-140's approved, but this guy (in EB3) doesn't know he in EB3.
Accidentally, I found out when I am cross checking with him regarding H4 extension for my wife, whether he did it on time for his wife.
We forced him to talk to HR and Attorney and they agreed to do EB2 for him.
Attorney simply filed I-140 under EB2 using his EB3 labor and it was approved in 4 months.
We are confused about this whole process, but it worked for him. May be some of you, who falls in this category can try doing the same with out actually changing jobs.

Another option for people who are using EAD. I am encouraging one of my colleague to get him to talk to HR, to apply for EB2. He doesn't have H1, but one doesn't need to have H1, when they have some thing like EAD. They can use EAD to change job and start the process again, but once their ported old PD with new I-140 was approved, they will be ready to file new I-485. This will reduce their waiting time a lot.

Thanks,
Nayekal

[furiouspride]

I am stuck in EB3 and want to apply for EB2. How does one find companies willing to do EB2? With desi consulting companies you can ask upfront to the recruiter but with american companies can you do the same?

Can users suggest some companies who are currently doing EB2?
I think now we know why we are so fukked. Both EB2 and EB3! I bow to you sir.

[furiouspride]

@kkn006,
Dude, you need to pick one of the two: Immigration or Career. Given the current immigration climate, you can't have both of them. I'm sure you might have thought about this when you switched to the Fortune 500 company and knew what you were getting into. If you feel you have a chance at the EB2 by switching back to the previous employer, I think you should do it. Once you get your residency, you will have plenty of opportunities to work for even Fortune 100 companies. For now, just take the plunge and get ready for your dates to become current.

[gc??]

Many of the eb3 people with earlier pd are in the current mess because lawyers thought eb3 was the safe way to get gc! Now, we are stuck and they are making money of us!