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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 05-07-2010, 06:00 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
10/12/2008
Chargeability
:
Russia
Processing Stage
:
N/A
I485 Mailed Date
:
10/12/2007
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Join Date: Nov 2008
Posts: 18
michael_trs is infamous around these parts
Default Eb3->eb2

I have been working on H1B visa for 3.5 years. My company filed my labor certificate as EB3 half a year ago. Hopefully it will be ready by the end of this summer. A few days ago I persuaded my employer to start my GC processing using EB2 category.

So what should I do now?

here is my plan:
1) wait till my EB3 labor is ready
2) then apply for I140 using EB3 LC
3) at the same time file a new EB2 LC

In this case I'll have I140 approved with EB3 LC which will allow me to extend my H1 status. At the same time if EB2 LC works out I will file a new I140 with EB2 LC and have priority date current.

What do you think?

Thank you.
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  #2 (permalink)  
Old 05-08-2010, 11:19 AM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 2,290
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Default

Quote:
Originally Posted by michael_trs View Post
I have been working on H1B visa for 3.5 years. My company filed my labor certificate as EB3 half a year ago. Hopefully it will be ready by the end of this summer. A few days ago I persuaded my employer to start my GC processing using EB2 category.

So what should I do now?

here is my plan:
1) wait till my EB3 labor is ready
2) then apply for I140 using EB3 LC
3) at the same time file a new EB2 LC

In this case I'll have I140 approved with EB3 LC which will allow me to extend my H1 status. At the same time if EB2 LC works out I will file a new I140 with EB2 LC and have priority date current.

What do you think?

Thank you.
Whats your qualification and job requirement. Since you have only 3.5 years experience its tough to get your GC in EB2 unless you have masters from the US. Again you can not use the experience you gained with your present employer.
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  #3 (permalink)  
Old 05-08-2010, 11:25 AM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
05/06/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
05/06/2007
Compare
Join Date: Mar 2006
Posts: 124
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Default @snathan

Quote:
Originally Posted by snathan View Post
Whats your qualification and job requirement. Since you have only 3.5 years experience its tough to get your GC in EB2 unless you have masters from the US. Again you can not use the experience you gained with your present employer.
Says who!?

You can use the experience gained with your present employer ONLY and ONLY IF your EB-2 job position is significantly different then that specified in Eb3 application. That means, if Eb3 job description is Software Engineer, you cannot just say Senior Engineer in Eb-2. It has to be 70% different. Either a Managerial position or something.
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  #4 (permalink)  
Old 05-10-2010, 04:02 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
10/12/2008
Chargeability
:
Russia
Processing Stage
:
N/A
I485 Mailed Date
:
10/12/2007
Compare
Join Date: Nov 2008
Posts: 18
michael_trs is infamous around these parts
Default

Ok, but what’s wrong if I file another LC as senior software engineer as EB2 while my first was software engineer as EB3? These are two different positions in my company, different work responsibilities… and it means I got promoted and got higher position. And this is actually true because my work responsibilities changed since I started working for this company.

It’s kinda difficult to find a different position if you work as a software developer/engineer.
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  #5 (permalink)  
Old 05-10-2010, 04:31 PM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
05/06/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
05/06/2007
Compare
Join Date: Mar 2006
Posts: 124
Sachin_Stock is a splendid one to behold Sachin_Stock is a splendid one to behold Sachin_Stock is a splendid one to behold Sachin_Stock is a splendid one to behold Sachin_Stock is a splendid one to behold Sachin_Stock is a splendid one to behold Sachin_Stock is a splendid one to behold Sachin_Stock is a splendid one to behold
Default

I am not sure about that. You might wanna consult your attorney. I rather play apply in Eb-2 with pretty much different roles/responsibilities. It depends on what your Sr. Engineer roles are. You know the best on what your roles/responsibilities were in Eb3 and in Eb2. If the roles overlap 50%, then thats a weak case.
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