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

Go Back   Immigration Voice > Immigration Voice Issues and Congressional updates > All other Green Card Issues
Click to log in with Facebook
All other Green Card Issues I-140/I-485, Family Based Green Card

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 04-18-2006, 04:57 PM
Senior Member
Priority Date
:
Aug-01
Category
:
EB3
I140 Mailed Date
:
10/10/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/15/2007
Compare
Join Date: Jan 2006
Posts: 303
nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of
Default Simple question on EB3 -->EB2 Conversion

Simple question on EB3 -->EB2 Conversion,

Guys I know this has been discussed before but would appreciate a yes/no answer on the feasibility of this plan. I will approach my company lawyer/HR only if I receive confirmation if this is possible/reasonable.

Background.

I am EB3 India with a PD of August 2001. I have Masters degree from US. I have worked for the same company since nearly 7 years and have no intent to change companies. My job is a non IT job and my firm is in the management consulting business.

When I started my job I started in an analyst position where only a bachelors degree was required. After 2 years of employment my company filed for my LC. However my LC got stuck in TWC, DOL-Dallas, and BEC-Dallas until last August 2005 when it was approved. Since then I have filed for I140 which was approved in October 2005 and have since been waiting for PD to become current.

Question.

Since the 7 yrs I started with my firm (5 yrs since applied for LC) I have been promoted twice. My current position requires 5 yrs working experience.

I would like to explore the possibility of applying for PERM on the new position under EB2, and then porting my old PD at I 140 stage to the EB3 petition. Can I do this ? I have no intent of leaving my firm as I am quite sure they will transfer me to Canada and give me my same hjob there if it comes to it. I have heard that you can only do what I want to if you have experience from another employer.

Please let me know if my plan is workable, and what are the risks if any.

Thanks.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 04-18-2006, 05:00 PM
Donor
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
10/27/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/22/2007
Compare
Join Date: Mar 2006
Posts: 677
bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future
Default

No. You cannot do it. Because experience gained while employed with the same firm that is applying for your LC cannot be used to justify your employment.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 04-18-2006, 05:06 PM
Member
Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
08/10/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2005
Compare
Join Date: Dec 2005
Posts: 79
raydhan has a spectacular aura about raydhan has a spectacular aura about raydhan has a spectacular aura about
Default Master's Degree

Nozerd,
bkarnik is right. However, you can apply for EB2 showing that your new position absolutely requires a Master's Degree.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 04-18-2006, 05:06 PM
Senior Member
Priority Date
:
Aug-01
Category
:
EB3
I140 Mailed Date
:
10/10/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/15/2007
Compare
Join Date: Jan 2006
Posts: 303
nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of
Default

But this is a different role/job. It is a manager position. Doesnt that matter ? This job requires 5 yrs exp.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 04-18-2006, 05:07 PM
Senior Member
Priority Date
:
Aug-01
Category
:
EB3
I140 Mailed Date
:
10/10/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/15/2007
Compare
Join Date: Jan 2006
Posts: 303
nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of
Default

New position does not absolutely require masters degree but does absolutely reguire BS plus 5 yrs experience. Would that do ?

Quote:
Originally Posted by nozerd
But this is a different role/job. It is a manager position. Doesnt that matter ? This job requires 5 yrs exp.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 04-18-2006, 05:10 PM
Member
Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
08/10/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2005
Compare
Join Date: Dec 2005
Posts: 79
raydhan has a spectacular aura about raydhan has a spectacular aura about raydhan has a spectacular aura about
Default

Quote:
Originally Posted by nozerd
New position does not absolutely require masters degree but does absolutely reguire BS plus 5 yrs experience. Would that do ?
Regardless of the position, you cannot use experience gained from your current employer.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 04-18-2006, 05:12 PM
Donor
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
10/27/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/22/2007
Compare
Join Date: Mar 2006
Posts: 677
bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future bkarnik has a brilliant future
Default

No. Again if those 5yrs that you are talking about are from the same employer, the DOL will probably deny your LC as you cannot claim that experience to justify your suitability for the job. The reasoning is that instead of you, if they had hired an American or a PR, he would have gained that experience and thus would be qualified for the job. Don't ask me about the logic behind this...I don't make the regulations or the laws
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 04-18-2006, 05:18 PM
Senior Member
Priority Date
:
Aug-01
Category
:
EB3
I140 Mailed Date
:
10/10/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/15/2007
Compare
Join Date: Jan 2006
Posts: 303
nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of nozerd has much to be proud of
Default

Looks like there is no other choice but to wait.

Does anyone know if there is a marketplace out there for EB2 with current PD's in the financial field for someone with an MBA and 5-7 yrs experience. Wonder what price something like this would go for, any ideas ?
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 04-18-2006, 06:28 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 350
mrajatish will become famous soon enough mrajatish will become famous soon enough
Default

You could get in trouble for doing this - regardless, I think playing by the law will help in the long run
Bookmark and Share Compare 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
H1B related a simple and short question gkaplan Non-Immigrant Visa 3 05-17-2010 02:56 PM
Simple Question kumar Immigrant Visa 2 02-03-2010 10:58 PM
Simple visitor visa question - please help kedrex Non-Immigrant Visas 5 07-08-2008 03:13 PM
EB3 to EB2 conversion question.. wc_user Retrogression, priority dates and Visa bulletins 3 03-24-2008 01:00 PM
Filing EAD. Simple question vivache All other Green Card Issues 2 02-05-2008 12:56 PM



All times are GMT -4. The time now is 05:03 AM.


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