EB3 to EB2....Is it possible?

[LRaj1]

Hi friends...

My category is EB3. I have a 4 year bachelors degree. I applied for my Labor, 140, EAD and i-485 through company A in 2005 and worked with him for 18 months. My Labor, 140, Ead are approved and 485 is pending. My PD is 5/3/06 and 140 approval date is feb 2007. After that i have changed my employer and worked with the second employer for 3 years on EAD(Employer B). After that i got a permanent state employee job with Ead. Now im on EAD.

1)Now since i got 5 years of experience plus 4 year bachelors degree, can i move from EB3 to EB2?
2) If so, do i need to apply Labor, 140 and 485 again? What happens to my current 140, 485, EAD and AP?
3)Is it a good idea to move from EB3 to EB2?
4)Can i use my old PD in my new 485 process?
5)Can i do the process(move to EB2) through my second employer (Company B) with the same job title and duties as in the first application?
6)If my GC gets approved in EB2 do i need to work for my second employer (companyB) because he filed the application. Is it a must? Because i have a very good permanent state job now and i dont want to loose it.

Thanks in advance...
Raj

[LRaj1]

some body please reply....

[hibworker]

Originally Posted by LRaj1

Hi friends...

My category is EB3. I have a 4 year bachelors degree. I applied for my Labor, 140, EAD and i-485 through company A in 2005 and worked with him for 18 months. My Labor, 140, Ead are approved and 485 is pending. My PD is 5/3/06 and 140 approval date is feb 2007. After that i have changed my employer and worked with the second employer for 3 years on EAD(Employer B). After that i got a permanent state employee job with Ead. Now im on EAD.

1)Now since i got 5 years of experience plus 4 year bachelors degree, can i move from EB3 to EB2?
2) If so, do i need to apply Labor, 140 and 485 again? What happens to my current 140, 485, EAD and AP?
3)Is it a good idea to move from EB3 to EB2?
4)Can i use my old PD in my new 485 process?
5)Can i do the process(move to EB2) through my second employer (Company B) with the same job title and duties as in the first application?
6)If my GC gets approved in EB2 do i need to work for my second employer (companyB) because he filed the application. Is it a must? Because i have a very good permanent state job now and i dont want to loose it.

Thanks in advance...
Raj

If you have Bachelor + 5 yrs of experience (not counting current job) then you can apply for EB-2. It will be a fresh petition and you will have to go through all the steps again. You will be able to use old PD for new EB2 petition.

If you are getting the EB-2 done from a company that you have no intention of working for after GC then that will amount to Immigration fraud.

[hope4best]

1)Now since i got 5 years of experience plus 4 year bachelors degree, can i move from EB3 to EB2?
2) If so, do i need to apply Labor, 140 and 485 again? What happens to my current 140, 485, EAD and AP?
3)Is it a good idea to move from EB3 to EB2?
4)Can i use my old PD in my new 485 process?
5)Can i do the process(move to EB2) through my second employer (Company B) with the same job title and duties as in the first application?
6)If my GC gets approved in EB2 do i need to work for my second employer (companyB) because he filed the application. Is it a must? Because i have a very good permanent state job now and i dont want to loose it.

==========================================
1. Yes
2. Only need to apply Labor & I-140
3. Yes, and this is the only way if would like to get GC..in near future.
4. Yes. After your new eb2-I-140 is approved - your lawyer will send an interfiling letter which will basically connect you I-485.
5. Yes. The job must qualify as EB2. Check with your lawyer on this.
6.You need to work for GC sponsoring employer for at least 6 months.

--Good luck

[anu_t]

The new position should have a EB2 requirement. just gaining 5 years experience doesn't automatically qualify you for the EB2 labor.

[LRaj1]

Thank you all...

Im a Prgrammer Analyst. Is it under EB2?

[LRaj1]

Originally Posted by hibworker

If you have Bachelor + 5 yrs of experience (not counting current job) then you can apply for EB-2. It will be a fresh petition and you will have to go through all the steps again. You will be able to use old PD for new EB2 petition.

If you are getting the EB-2 done from a company that you have no intention of working for after GC then that will amount to Immigration fraud.

I have a total of 5 year 8 months experience in U.S.A. In that 16 months is from current job (third employer). But i want to apply in EB2 through my second employer. My first employer applied my i-485 in EB3. So, if appply in EB2 through my second employer, will the current job experience (third employer) count?

[gcmangtai]

Originally Posted by LRaj1

I have a total of 5 year 8 months experience in U.S.A. In that 16 months is from current job (third employer). But i want to apply in EB2 through my second employer. My first employer applied my i-485 in EB3. So, if appply in EB2 through my second employer, will the current job experience (third employer) count?

When EB3 to EB2 is ported, you are actually capturing your PD of EB3.
So by your PD, for a bachelor degree holder should have min of 5 yrs experience.

Well, this is just the first criteria. Then comes the job requirements, salary, sponser etc.
The company attorney should be the best one to answer.

-------------------------------------------------------------------
Note: I'm not an attorney. These are my personal opinois/info I gathered on forums. So do not treat this as a legal information.

[TO BE OR NO TO BE]

Hello:

Follwing is my situation:

I have 3 years B. Com (1992) from India.
I have 1 year of M. Com (1993) out of two years program. I don't have M. Com degree.
I have CA (1998) from India.
I have CPA (2002) from USA.
My I-485 was filed in July 2007 under EB-2 with priority date of October 2006.
I am working in the USA in the filed of accounting for 10+ years.

Is porting to EB-2 possible with 4 year bachelors equivalent and over 5 years of experience?

Has anyone done this recently?

Thank you,

[gcmangtai]

Originally Posted by TO BE OR NO TO BE

Hello:

Follwing is my situation:

I have 3 years B. Com (1992) from India.
I have 1 year of M. Com (1993) out of two years program. I don't have M. Com degree.
I have CA (1998) from India.
I have CPA (2002) from USA.
My I-485 was filed in July 2007 under EB-2 with priority date of October 2006.
I am working in the USA in the filed of accounting for 10+ years.

Is porting to EB-2 possible with 4 year bachelors equivalent and over 5 years of experience?

Has anyone done this recently?

Thank you,

I think having bachelor's and 5 years of relevent experience/exceptional ability would make a person eligible for porting but I guess there are lot of other factors come in too. E.g. Job requirements, roles & responsibilities, salary and other things.... your company Attorney would be the best judge for porting.

I have done the porting but all of the decisions were made by the company/attorney.

[LRaj1]

Originally Posted by gcmangtai

When EB3 to EB2 is ported, you are actually capturing your PD of EB3.
So by your PD, for a bachelor degree holder should have min of 5 yrs experience.

Well, this is just the first criteria. Then comes the job requirements, salary, sponser etc.
The company attorney should be the best one to answer.

-------------------------------------------------------------------
Note: I'm not an attorney. These are my personal opinois/info I gathered on forums. So do not treat this as a legal information.

Thank You