EB3-EB2 porting question

[vhd999]

Sorry, if this question is asked before. I could not find the answer even after a thorough search.

My EB3 – India, I-485 application is pending and I am planning to explore options of porting to EB2.

I am currently working with another employer (B) different from the GC sponsoring company (A) using AC-21 rule.

My current employer (B) is planning to apply for labor in EB2 category.

The job requirements satisfy EB2 eligibility and I have the skills/qualifications for the EB2 category before I joined the current employer (B) (in fact even before joining the employer A).

Two questions:
1). Do you see any problem with the above scenario?
2). If you are not a lawyer, can you please suggest a good immigration lawyer that is very good at dealing with porting.

Thanks in advance.

[Raj Iyer]

Hi:

Assuming you qualify for a green card under EB-2, your new employer should do a PERM/ apply for an I-140 , and at that time seek the priority date of the already approved EB-3 I-140.

During all these process, make sure that you are on your H-1B.

[vhd999]

Thanks Raj.

Why do I need to be on H1B? I am currently on EAD.

[Raj Iyer]

Its always safer to have an underlying non-imigrant visas such as H-1B in the vent of I-485 denial due to some unforeseen circumstances. IF you have an H-1B, you can continue to stay in the U.S.

[vhd999]

I agree. I guess you are saying that filing another petition under EB2 adds some risk to the existing 485 application.

Thanks for the reply.

Are you an immigration attorney? If yes, can you tell me the best way to reach you?

Originally Posted by Raj Iyer

Its always safer to have an underlying non-imigrant visas such as H-1B in the vent of I-485 denial due to some unforeseen circumstances. IF you have an H-1B, you can continue to stay in the U.S.