How can i do Eb3 to EB2 Transfer

[Ghost_card]

Friends,
I recently asked my employer to refile my I-140 with in EB2 category which they have agreed to. As my stupid attorney filed my previous I-140 under EB3 as it needed less paper work and He totally screwed me because he was lazy. Anyhow now due to all of this retrogression issues i want to get out of this waiting and biting my nails situation. I need your advice on few subjects
My questions are
1, Can i file for a I-140 when i already have a approved I-140?
2, As my H1 has expired and i am working on EAD since Dec 2005 can i file for a new I-140 with 485 pending based on earliar 140?
3, Can i file for a new I140 while working on EAD and H1-B expired?
4, If by luck i get a new 140 with EB2 quota do i have to refile 485 as my PD is sep 2002?

Please reply me with your precious advice. I think a lot of people are in similar situation like this who have PD's in later part of 2002.

Best regards

 

[Grandhipal]

Hi Joe,

I changed employers using AC21. Original labor (140, 485) with EB3. I understand that my new employer has to start new LC if I need to switch to EB2. Now can my current employer start LC (that requires MS) for the same position that I am in or for a different position? If we decide to go for a new position, can I use the experience acquired so far (considering that the jobs are different not just the educational/experience qualifications)?

Thx
EB3. India. PD: May 2002 485 ND: Jan 2005
Currently working on EAD

If the LC specifies that the job only requires a bachelor degree, the I-140 has to be filed in EB3.
To go for EB2, you would need a new LC for a different job that requires a Masters degree or BS+5 years of progressive experience.
In other words, you would have to start over from scratch.

 

[ufo2002]

Don't know if this helps, but I recently asked my lawyer if I could re-file as EB2 and I found out that the 5 years experience requirement (if you don't have Masters) must be PRIOR to joining your current employer. So since I only had 2.5 years exp at the time of joining my current employer, my lawyer said I couldn't qualify BUT if I changed to a new employer, I would.

 

[marlon2006]

Correct if I am wrong, but it seems that changing your job on AC21/EAD to a new employer who is willing to file EB2 LC seems to be the best case scenario then. One would have double hopes to get the process completed.

Don't know if this helps, but I recently asked my lawyer if I could re-file as EB2 and I found out that the 5 years experience requirement (if you don't have Masters) must be PRIOR to joining your current employer. So since I only had 2.5 years exp at the time of joining my current employer, my lawyer said I couldn't qualify BUT if I changed to a new employer, I would.

 

[where_is_my_gc]

Don't know if this helps, but I recently asked my lawyer if I could re-file as EB2 and I found out that the 5 years experience requirement (if you don't have Masters) must be PRIOR to joining your current employer. So since I only had 2.5 years exp at the time of joining my current employer, my lawyer said I couldn't qualify BUT if I changed to a new employer, I would.

IF your company has any sister company, you could do so from that company. My company did the same. My BEC EB3 labor is stuck but the PERM EB2 from sister company is through.

 

[nishokie]

is there a law or information somewhere that states that for Eb3--->EB2 portability you have to leave the company and go to a new one.

Don't know if this helps, but I recently asked my lawyer if I could re-file as EB2 and I found out that the 5 years experience requirement (if you don't have Masters) must be PRIOR to joining your current employer. So since I only had 2.5 years exp at the time of joining my current employer, my lawyer said I couldn't qualify BUT if I changed to a new employer, I would.

 

[ufo2002]

Hi marlon2006,

I don't quite have a best case scenario right now. I cannot (and probably will not be able to) switch on EAD because Retrogression hit before I could file I485, so there is no 180 day countdown for me.

AC21: please... it's a black hole that half of immigration lawyers fully understand and worse, many of USCIS personnel fail to know that it exists.
The memos posted on AC21 kept jumping definitions on what people without EAD could or could not do, also my situation is that I am into my 6th year of H1B, so it's a dangerous situation that if I am not careful I may have to leave the country for a year before I can re-enter.
Already there are one or two people in the forums saying their AC21 portability experience are horrible.

Correct if I am wrong, but it seems that changing your job on AC21/EAD to a new employer who is willing to file EB2 LC seems to be the best case scenario then. One would have double hopes to get the process completed.

 

[tedun]

chaning from EB3 to EB 2

I am considering swicthing to EB2 because I am stuck in retrogession ROW. My PD is July 2002.
My first LC was filed for EB3 with bacholor degree. Meanwhile I got a Master degree. My lawyer told me that I do not have to change employers to transfer to EB2. I just need to get a promotion at my current job. According to the lawyer it takes about 6 months for the new LC to be approved and then I will have to file a new I-140.
I hope this info might answer some of your questions.