EB3 to EB2 using (BSC + MS) Prior Exp (5 Years 6 Months)

[jvskarthick]

Currently I am in H1B,

My education qualifications are
- B.Sc. ELECTRONICS (3 Years)
- M.S Information Tech & Management (2 Years)

My Working Experience
- Current Employer (3 Years)
- Prior Employer (5 Years 6 Months)

My Questions are
1) Whether I am eligible for EB2? Currently my company processed the EB3 and I got my I-140 approved. I want to know in-case if they are ready to process the EB2 once again.

1) What will be the risk.
2) What happens to my EB3
3) What happened if my EB2 not approved? Whether I can continue with my existing EB3? 4) What will be my priority date it is based on the existing EB3 or New EB2?

THANKS,
JK

[joe_blr]

Just to clarify, The Company need to have a Job position (roles and responsibilities) and if that job requirements demands Bachelors/or its equivalent with 5 years exp or MS + 2yrs exp then position qualifies EB2 category. The company identifies the candidate based on the matching criteria on JD and after due diligence apply for EB2. In this case candidate is you. Previous approved 140's will be intact until unless if it’s revoked due to fraud.

1) Whether I am eligible for EB2? Currently my company processed the EB3 and I got my I-140 approved. I want to know in-case if they are ready to process the EB2 once again.
<<Comments>> It’s the position which is being offered matches EB2. I guess if they are having that position open, you are eligible or made eligible :-)

1) What will be the risk.
<<comments>> In this case you are recipient of the position offered, based on you qualifications itself there is 50:50 chance(purely based on observation) and additional risk play as the same upgrading with same company. However it all dependents on the attorney, educations evaluation done and evidence on progressive experience in the same company.

2) What happens to my EB3
<<Comments>> You don’t have to tie to this other the previous EB applications.

3) What happened if my EB2 not approved? Whether I can continue with my existing EB3?
<<Comments>> Previous file EB 140 will be intact. Your stay is based on visa status granted by USCIS.


4) What will be my priority date it is based on the existing EB3 or New EB2?
<<Comments>>Previous EB approval date. If USICS don’t port it automatically, your attorney has to request for it.

Note: These are my views and can be wrong. Please discuss with you attorney.

[jvskarthick]

Thanks for your detail input.

Thanks
JK