EB-2 Doubts

[carlitos.perez]

Hi all,

I have some doubts related to the EB-2 classification. My company is currently filing for an EB-2 classification, I have 5 years experience including 3 year in USA and manager position. I have a L1-B visa and wanted to know if I move to other company Manager position under visa H1-B can I still having the EB-2 classification and what is the estimate time to get the GC.

Regards,

[nat23]

Originally Posted by carlitos.perez

Hi all,

I have some doubts related to the EB-2 classification. My company is currently filing for an EB-2 classification, I have 5 years experience including 3 year in USA and manager position. I have a L1-B visa and wanted to know if I move to other company Manager position under visa H1-B can I still having the EB-2 classification and what is the estimate time to get the GC.

Regards,

The ETA of your green card would depend on your country of origin. Check the latest visa bulletin for your country and the employment category.

Yes, you can still have the EB2 category if you move to another employer.(depends on if you were in that category to begin with)

[shirish]

Originally Posted by nat23

The ETA of your green card would depend on your country of origin. Check the latest visa bulletin for your country and the employment category.

Yes, you can still have the EB2 category if you move to another employer.(depends on if you were in that category to begin with)

Not eaxctly true, as the category is not really based on your qualification and experience , but it is based of the requirement of the job that you re filling. So if your Ph.D but the job requirements are in line with EB3 you have to file in EB3.
I think this point was discussed in another thread as well, many times.

[GC_Dona]

EB3 or EB2 filing status does not depend entirely on your qualifications, even if you have a master degree or BS+ 5 yeras of progressive experience. These are the minimum requirements to be eligible for EB2. EB2 and EB3 filing status depends on the job requirements. If the job requires only BS degree or BS+less than 5 years of experience then you won't be eleigible for EB2 even you have a mysters degree or BS+5 years of progressive experience.

If your employer had recruited any one earlier for the similar job and required only BS degree then they can not file you for EB2 for the same job that did not require BS+5 years or MS degree.

[GCwaitforever]

Originally Posted by carlitos.perez

Hi all,

I have some doubts related to the EB-2 classification. My company is currently filing for an EB-2 classification, I have 5 years experience including 3 year in USA and manager position. I have a L1-B visa and wanted to know if I move to other company Manager position under visa H1-B can I still having the EB-2 classification and what is the estimate time to get the GC.

Regards,

If your company sponsered you through EB2 under managers/professionals category, you may not be able to apply these provisions at some other company. H-1B processing is slightly cumbersome.

Once you apply for I-485, use AC-21 portability after six months and move to new company as a manager. This is the safest.