Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Ask an Attorney - > Immigrant Visa
Click to log in with Facebook
Immigrant Visa This forum is for asking questions from Immigration Attorney.
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 01-15-2010, 02:59 PM
Junior Member
Priority Date
:
Jan-05
Category
:
EB3
I140 Mailed Date
:
07/12/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
10/01/2007
Compare
Join Date: May 2007
Posts: 6
bonjovi is on a distinguished road
Default EB3 to EB2 Please reply.

I have MS and applied in EB3 as i started my job before graduation.
Now I am a project manager with the same company and have over 7 years experience and different professional licenses.
I am thinking of applying in EB2 and port the PD which is 11/2004.

Please let me know if i will have any issues with this. I am doing this instead extending my h1b for 6-9 year period.

Thanks for any help.

Regards.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 01-18-2010, 11:41 AM
Junior Member
Priority Date
:
Dec-03
Category
:
EB2
I140 Mailed Date
:
06/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2005
Compare
Join Date: Sep 2008
Posts: 24
akilhere will become famous soon enough
Default

Though i'm not a lawyer, i have a little knowledge on this topic which i would like to share with.

If your position described on your LC is not what you are working on right now, it could become an issue if an RFE is issued. By law, you are supposed to work in the same or similar occupation. Any promotions are subject to a new petition and a new process for obtaining the GC.

So, if you would like to re-apply in EB2, it'll have to be through a job requirement in your company that warrants an EB2 process. If the job, say Project manager, requires experience and qualifications that you have gained through your present company, you CAN use that to apply for that position. The position has to be advertized and the same process that you had gone though with your prior application has to be followed here. In other words, it would be like applying for a new job and going through the process again. The only difference is that it is with your existing employer.
But, to summarize, you can move from EB3 to EB2 with the same employer if you follow all the regulations.

Good luck!
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 01-19-2010, 10:17 PM
Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
10/22/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Jan 2007
Posts: 38
mmrao2007 is infamous around these parts mmrao2007 is infamous around these parts mmrao2007 is infamous around these parts
Default Why not EB1...?

Why don't you shoot for EB1? I guess you fit the profile, being a Project Manager.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 01-20-2010, 01:31 PM
US Immigration Attorney
Law Office of Elaine Martin
6333 E. Mockingbird Ln Ste 147-910
Dallas, Texas-75214
http://www.martinvisalaw.com
Thank the Attorney if this post is helpful
Join Date: Jun 2009
Posts: 464
Thanks: 0
Thanked 365 Times in 201 Posts
martinvisalaw is on a distinguished road
Default

You may be eligible for EB-2 classification if the position requires a master's degree or a bachelor's and 5 years of progressively responsible experience. if the position doesn't require this, then it doesn't matter what you have. It is the job requirements that count. You can use experience gained with the employer IF you can show that the experience was gained in a position that is 50% different to the one listed on the PERM.

If the company wants to refile for you as EB-2, it will have to start the PERM process again from scratch.

You may be able to recapture the priority days if you meet the requirements. See here: Law Office of Elaine Martin - immigration news: FAQs on recapturing I-140 priority dates.
__________________
Elaine Martin
Law Office of Elaine Martin
Phone: (214) 329-4148
Toll-free phone: 1-866-318-8813
emartin@martinvisalaw.com
www.martinvisalaw.com
www.martinvisalaw.blogspot.com
Dedicated exclusively to immigration law since 1997

This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
Bookmark and Share   Reply With Quote  
Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
I-140 filed Feb 2008 and No Reply till now- please reply tinkugadu Documents, Filing, forms, directions and mailing 3 06-15-2009 11:15 PM
Reply H1 RFE or Withdraw and be on EAD? GCDo Analysis Discussion 21 04-27-2009 08:27 PM
I-94 issue.Please Reply StillonH1B Out of status, employment gap and status revalidation 16 03-11-2009 01:20 PM
Has anybody got reply from USCIS?? LostInGCProcess IV Agenda and Legislative Updates 0 10-31-2008 01:25 PM
RFE reply viper673 RFEs and specific queries 0 06-18-2008 11:21 PM



All times are GMT -4. The time now is 04:32 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org