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View Full Version : hatís the success rate of moving to EB2 PERM with BS+5 years?


mikemartin
01-06-2012, 06:29 AM
If you can switch company (so 50% job description difference doesn't apply), whatís the success rate of moving to EB2 PERM with BS+5 years experience?

useitforemail
01-16-2012, 05:35 PM
somebody who has experience in this situation please respond.

I am stuck in EB3 Category and want to switch to different company as my company is delaying or not interested to file in EB2.

I have indian 3 yrs bachelors and 2 Yrs Masters degrees and have 10 + yrs of IT experience.

I am currently in 7 Yr of my H1B and got this extension based on my I-140 approval.

Now if move to a different company, and if my current employer knows about it and withdraws I-140 before my H1B gets approved with a new company, will i have any problem ? or will by H1B be valid after my current employer revokes or withdraws I-140 application?

Please respond

arc
01-16-2012, 05:54 PM
Isn't H1B extension based on the Labor (PERM) and not based on the 140? I would check with a good immigration attorney...

I was told that - 3yr degree and Masters has less than 50% chance to get approved as eb2

one needs a continious 4 yr degree plus 4 experience to be a Masters equivallent and get qualified as EB2.

Again check with a good immigration attorney...

Irs
01-16-2012, 05:55 PM
As you are on your 7th year of H1 and even if you transfer your H1 successfully, your 7th year extension is based on your labor or I-140 approval. Once the I-140 is cancelled, H1B extension based on labor or I-140 becomes invalid. And you would be in trouble if you do not have a labor or I-140(w or w/o porting your priority date)with your new employer. But as far as I have HEARD it takes a while to cancel the H1/I-140(processing time to cancel). But I would suggest based on the scenario described in your Q, discuss with an attorney by paid consultation on the risk of changing employers. You might spend some $$$ but it would give you many answers that you/others have not thought off....Then you can decide whether to proceed or not...May sound odd reality is always different...

snathan
01-16-2012, 06:35 PM
As you are on your 7th year of H1 and even if you transfer your H1 successfully, your 7th year extension is based on your labor or I-140 approval. Once the I-140 is cancelled, H1B extension based on labor or I-140 becomes invalid. And you would be in trouble if you do not have a labor or I-140(w or w/o porting your priority date)with your new employer. But as far as I have HEARD it takes a while to cancel the H1/I-140(processing time to cancel). But I would suggest based on the scenario described in your Q, discuss with an attorney by paid consultation on the risk of changing employers. You might spend some $$$ but it would give you many answers that you/others have not thought off....Then you can decide whether to proceed or not...May sound odd reality is always different...

This is incorrect and misleading. Once you get the approval for the H1B and the I140 is cancelled, nothing will happen to the approved H1B. If the I-140 is not cancelled, you can retain the PD with your new Prem process.

kalypso
01-16-2012, 06:44 PM
Doesn't this show that posts in these forums are not reliable! H1/GC are most of the time crucial deciding factors in life. So always get fee paid advice from attorneys. Seniority in this forum is given based on number of posts not on quality!

Isn't H1B extension based on the Labor (PERM) and not based on the 140? I would check with a good immigration attorney...

I was told that - 3yr degree and Masters has less than 50% chance to get approved as eb2

one needs a continious 4 yr degree plus 4 experience to be a Masters equivallent and get qualified as EB2.

Again check with a good immigration attorney...

sri9999
01-16-2012, 08:36 PM
H1-B will be valid, there won't be any issue for H1-B, if the employer revokes I-140.The only issue is you won't be retain PD.I agree 100% with nathan reply.You can this information reading more forums to get more relief..to get the info attorney is not required..

UKannan
01-16-2012, 08:49 PM
As you are on your 7th year of H1 and even if you transfer your H1 successfully, your 7th year extension is based on your labor or I-140 approval. Once the I-140 is cancelled, H1B extension based on labor or I-140 becomes invalid. And you would be in trouble if you do not have a labor or I-140(w or w/o porting your priority date)with your new employer. But as far as I have HEARD it takes a while to cancel the H1/I-140(processing time to cancel). But I would suggest based on the scenario described in your Q, discuss with an attorney by paid consultation on the risk of changing employers. You might spend some $$$ but it would give you many answers that you/others have not thought off....Then you can decide whether to proceed or not...May sound odd reality is always different...

From you gained all these INFOMRATIONS?

Venkat_175
01-16-2012, 09:24 PM
Hi,

My I-140 was approved under EB2 and ported old priority date with 3 years (Maths) Degree and 2 years (MBA).

EB2 Labor took 3 months and I-140 2 months for approval.

Regards,
Venkat.

Irs
01-17-2012, 12:15 AM
snathan, Thanks for the info that approved H1B petition will be valid even after I-140 is revoked. I have corrected myself.

WAIT_FOR_EVER_GC
01-17-2012, 09:43 AM
This is incorrect and misleading. Once you get the approval for the H1B and the I140 is cancelled, nothing will happen to the approved H1B. If the I-140 is not cancelled, you can retain the PD with your new Prem process.

I second snathan's comment. But kalypso's statement that Knowledge is not based on Seniority here is also true.
My two cents
When IV is doing such a big favor to the members by hooking them to a good attorney,
you might be safe if you ask them.