EB3 to EB2 posting...change in nature of job, adding spouse...need advice

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portingneed

New Member
Background: I have Bachelors in Arch and 5+ yrs of experience in 2-3 architecture firms. But I decided to change career, did a Bachelors in Nursing and I am now a nurse for last 1 yr. I don't have any IT experience. I filed an EB3 as "autocad designer" when I was into architecture and got my EAD (PD: 2005) but without my spouse who was in India then.

Objective: I wish to port my PD to a new EB2 so that my spouse will also file & immediately get GC. My spouse just came back to US and is looking for a job on a recently approved H1.

Questions:

- How is 5 yrs experience proven in EB2? Can my nursing employer combine 1 yr nursing as "similar job" with 5 yrs architecture experience? Or can an IT firm consider my 5 yr architecture "autocad software" work as IT job experience to file an EB2?

- My previous architecture employer, who I left in 2007, can sponsor EB2 in good faith for a senior architecture job provided I can take care of all costs. I can engage an attorney but is it advisable that a small firm (maybe a sole proprietor) file an EB2?

- Is there a chance that my spouse can file EB3 and still get EAD even though my PD is 2005? I have heard USCIS sometimes does this by oversight.
 
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portingneed said:
Objective: I wish to port my PD to a new EB2 so that my spouse will also file & immediately get GC. My spouse just came back to US and is looking for a job on a recently approved H1.
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Why is your spouse looking for a job with the recently approved H1B? Why not join the H1B job itself? Before you edited the post you mentioned that your spouse entered the US with a B1/B2 visa. It will be necessary to file a change of status, or apply for an H1B visa at a consulate before starting this H1B job (or any other H1B job in the US).

- How is 5 yrs experience proven in EB2? Can my nursing employer combine 1 yr nursing as "similar job" with 5 yrs architecture experience? Or can an IT firm consider my 5 yr architecture "autocad software" work as IT job experience to file an EB2?
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EB2 is primary about the qualifications required for the job, not your qualifications. That's why many people who have EB2-level qualifications have to apply as EB3. First the government evaluates whether the job requirements meet the EB2 standards, and whether the job reasonably requires that level of qualifications. Then they look at whether you (and other applicants for the job, if any) have the required qualifications.

So forget about combining nursing with your architecture experience for the sake of EB2. No job on earth will have combined requirements like that.

- My previous architecture employer, who I left in 2007, can sponsor EB2 in good faith for a senior architecture job provided I can take care of all costs.
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The employee cannot pay for all the costs. By law, there are certain costs that the company must pay, including the labor certification and I-140, and the company is not allowed to request reimbursement of those costs from the employee. However I think you can pay for the I-485.
I can engage an attorney but is it advisable that a small firm (maybe a sole proprietor) file an EB2?
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Small companies may attract more scrutiny, but they are still eligible to sponsor employees in EB2 if they can show that they are genuine employers with the ability to pay the prevailing wage for the EB2 position. The government will look at various facts such as how many employees, the revenue and clients, and how long the company has been doing business.

- Is there a chance that my spouse can file EB3 and still get EAD even though my PD is 2005? I have heard USCIS sometimes does this by oversight.
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Unless born outside India, your spouse cannot apply for I-485 or EAD at this time because EB3 India is not current for a PD of 2005. If USCIS makes a mistake and processes the I-485 anyway without a current PD, they will deny it once they discover the mistake. And if they go as far as approving the GC, they can later rescind the GC if they discover the I-485 was accepted by mistake.
 
Thanks, Jackolantern. I am now clear that small architecture firm can file EB2 but will get scrutinized. And that different job types can't be combined.

So I think best for me is to check with the architecture firm if they have an EB2 equivalent role like a design project manager and then file my EB2 attaching my 5 yrs experience. How is this experience documented & shown to USCIS?

Or find an IT firm who can offer me a architecture software manager role. But that's tough since like you said, USCIS will ask IT firm if they have employed people with architecture software experience earlier, isn't it?

My spouse entered on B1 while H1 was in process which got approved. Job search is going on & then they will file change of status. Meanwhile, spouse & I thought why not try to port my PD to EB2 as well.
 
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