EB3 to EB2 Porting.

A

askushow

New Member
Hello Mr. Rajeev,

I've my GC filed in JAN 2005 through Company A, and my H1 with the same started OCT 2004, which is when I entered USA. This was filed under EB3 category.

I've a 3 years Bachelors Degree in Electornics, and Post Graduta Diploma in Management and Computer Applications(From a Accredited University). And, I've around 5 years of experience in the IT industry prior to filing my GC with Company A.

And, my I485 was filed in the July 2007 fiasco, I've EAD & AP right now, but still not used my EAD.

Now, as the chances of getting GC for EB3 are bleak, I'm looking for a Company B to file a new GC under EB2, and here is my question:

Is it safe to do the filing with my education & exp(add 5 more years of exp. with Company A)?

Does this filing risk my existing I485 in any way?

What would be your best suggestion?

Thanks,
KUMAR
 
The first thing that is required is your new job should meet EB2 requirements. Secondly, your qualifications should also meet those requirements.
 
EB3 to EB2 Porting

Thanks for the quick response.

I'm going to continue with the same Client, and request the other company to do a Future Employment based GC processing. Is this advisable?

Also, does the Progressive Experience(exp. with my current company) count to my total exp?

Thanks,
KUMAR
 
askushow said:
Thanks for the quick response.

I'm going to continue with the same Client, and request the other company to do a Future Employment based GC processing. Is this advisable?

Also, does the Progressive Experience(exp. with my current company) count to my total exp?

Thanks,
KUMAR
Click to expand...

Yes, your experience with current employer will count towards establishing your qualification for EB2, however you should be able to provide a statement of your current experience written by your current employer. You should meet the minimum requirements of the job on the day labor certification is filed.
 
Any Suggestions of good employer who can help me with this, and if I pick you as my lawyer.

Secondly:
If I go ahead with filing new labor under EB2, will my approved labor/140/EAD/AP be valid and I can continue working on EAD?

Thanks,
KUMAR
 
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