EB3 to EB2 through promotion

G

GreenMA

Registered Users (C)
Guys, please help me on this issue. Can I convert to EB2 through a promotion with my current employer? My case is very simple.

1. Approved labor cert. and 140 (PD: March 2004)
2. Promoted from Engineer to Senior Engineer with similar job duties. Per our HR document, the Senior Engineer position requires BS and 6+ year of experience.
3. Even before joining my current company, I had a MS degree and 4 yr exp.
4. Applied under EB3 because the job ad. said BS + 2 yr at that time.

So can I apply for a EB2 PERM and 140, then port my approved EB3 PD to EB2? Experts and people with similar experience please help! Thanks!
 
GreenMA,
Its surely doable, but, What good will it do since you have already filed for 485 and got the receipt notice?
Do you intend to re-apply for 485 again under the EB2 category ?

How much sense would it make to port 140, after 485 is filed?
 
This is very much possible and will help you get the green card much faster.
Eb2 date is april 2004. Eb3 is 2001 april.
File labor for Eb2 position, 3 months + 7-9 months for I140 Eb2...interfile your Approved EB2 and take the older PD of your earlier approved Eb3 march 2004, You should get the GC since april 2004 is the date for Eb2.
This is hoping that the Eb2 dates would not retrograde.

Read some other threads on this.

Thanks

Manu
 
making sure the 6+ years experience you have earned from somewhere else... Remember, the company you are always working on and to apply for EB2 or EB3 are not counting. Good luck. Congrats on the promotion.
 
GreenMA,

Your statement, "Promoted ... with similar job duties." goes against your intention. If you intend on filing new EB2 petition - and use EB3 PD - the job profile needs to be different. A company cant have two jobs with same job profile or duties but different requirements or at the least it can create suspicion within USCIS. What you want to do is certainly possible but frame your petition stating that the new job falls under EB2 and has different job profile.

And remember, once job profile changes by > 50%, new H-1B - not subjected to visa cap - needs to be filed too.

btw, Congrats on your promotion!
 
Last edited by a moderator:
Thank you so much guys for all the kind replies and advices!

Yes, the reason for this is to get that damn card faster. The regression of EB3 is simply horrible.

lprkhoj, the job duty between an engineer and senior engineer is indeed similar (not same of course, but similar). I'll take your advice and make my attoney aware of it too.
 
You must log in or register to reply here.
Top