EB3 to EB2 Upgrade.

S

steve_jobs

Registered Users (C)
Hi,

My current status is
  • Type : EB3
  • I-140 : Approved
  • I-485 : Pending
  • Priority Date : March, 2005
  • EAD : Have my EAD
  • Spouse : Spouse attached to my application and has EAD

I was told at my work that I could be pushed into EB2 bucket, if I could show at least 5 years of experience in my domain. I've much more than that.
But things changed and I lost my job.

But am wondering first if this is possible and if so, is this something that could be done only by the employer or by me ?

Are they any risks ( with my current application/process ) involved ?

Thank you.
 
steve_jobs said:
I was told at my work that I could be pushed into EB2 bucket, if I could show at least 5 years of experience in my domain. I've much more than that.
Click to expand...
Not so simple. The job must require a Bachelor's degree + 5 years, or a Master's degree, and they generally* don't count the experience or education you gained while with the same employer. So you'd have to look back at the experience you had before joining the employer.
But things changed and I lost my job.
Click to expand...
That means you can use the experience of your last job to count towards the 5 year requirement when applying for EB2 in another job.


*there are exceptions, but the EB2 job with the same employer would have to be a different one from the EB3 job, among other conditions.
 
I've much more than 5 years, before my last/recent employment, so that's no issue.
Once I get such a job ( which demands Bachelors + 5 years or Masters ), how can this be done ? By myself ?
 
steve_jobs said:
I've much more than 5 years, before my last/recent employment, so that's no issue.
Once I get such a job ( which demands Bachelors + 5 years or Masters ), how can this be done ? By myself ?
Click to expand...
The employer has to sponsor you and file a labor certification and I-140, just like an employer had to sponsor you and take those steps for your EB3 process. Then you can port the old priority date from your old EB3 onto your EB2.
 
steve_jobs said:
Hi,

My current status is
  • Type : EB3
  • I-140 : Approved
  • I-485 : Pending
  • Priority Date : March, 2005
  • EAD : Have my EAD
  • Spouse : Spouse attached to my application and has EAD

I was told at my work that I could be pushed into EB2 bucket, if I could show at least 5 years of experience in my domain. I've much more than that.
But things changed and I lost my job.

But am wondering first if this is possible and if so, is this something that could be done only by the employer or by me ?

Are they any risks ( with my current application/process ) involved ?

Thank you.
Click to expand...

If employer himself is asking you then you can go foward. Ask them show the different position. Hire a good attorney . It is simple as long as employer has ablity to pay.
 
In short, you need to get file a new EB 2 perm petition and get a new I-140 required.

Once this is done, your old priority date (EB3) can be ported to your EB2.

I'm on the same boat, awaiting my new employer to file for my Eb2.

Need to start the journey again.

All the best !
 
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