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Topic: EB3 to EB2 change
Hi... I don't know much about the GC processes. I am currently filed under EB3 with a PD of April 2004. Is it possible to transfer my case to EB2? I have a Master's degree in EE from the US and work as a senior RF Eng. Please give me some suggestions.
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Short answer: No.
In order to obtain such transfer you have to start the whole process all over again, beginning with Labor Certification, then a new I-140 etc.
Also, your current job description should be somewhat different from the old one (wages included) suitable for an EB2 process. Your new degree is relevant only if is related and used to your position.
The only good news is that you can carry over your old priority date (April 2004) to the new process.
Consult an attorney before you jump into it.
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This response is only applicable to EB3-India applicants:
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RFeng4! As Arbee has written, there are many hurdles in change from EB3 to EB2. I regularly hear the recording section of www.immigration.com given by Rajiv Khanna, who is an attorney, and a legal expert on EB immigration. The point, which I have noted in change in EB category, is as follows:
1. The change can come ONLY through new LC, then new 140, and then interlinking new 485 with old PD. So it is a complete NEW GC process, with only benefit of catching the OLD priority date.
2. If one wants it with the current employer - it is bit difficult. Search and read the "EB-2 Eligibility and Filing" on USCIS. You will find that many of the applicants do not qualify for it - either because of qualification or the specific requirement for the position or salary offered for the position. Suppose, one meets all the eligibility criteria - then there is a BIG CATCH. If one wants to get his current employer file new LC "NOT ALL YOUR EXPERIENCE" at current company can be counted as experience for the job. At least that's what I heard in the recording of Mr. Khanna. However, same experience is counted - if one decides to join another company.
3. Therefore, it is easy to file change through other employer - provided one meets all other eligibility criteria. One can go through all the process, and link the pending EB3 PD to new EB2 PD.
Finally, as 140 approval process is taking very long time, I will strongly suggest to all candidates, who’s PD is up to 2004 that not to waste their money and energy in making changes. By the time change process will complete, your EB3 PD will become current. However, always be on look out for new employer who can process a new EB2 GC application. In case USCIS opens premium processing, you can also reap the benefit of change. Currently USCIS has started the premium processing for H1 category approaching six year of H1.
For those who filed with 2005 PD, and beyond, and you are eligible to get the EB changed, go ahead, and change it. You will reap the benefit in change of EB.
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am36... Thanks for the detailed response. One thing I did not understand is how can I link the new GC application with the old PD (which was through a different employer). I do not have an approved I-140 with my current employer.
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Your attorney knows the INTERLINKING process. Once your 140 is approved through any employer, you carry the PD for life - unless there was some fraudulant activity, and therefore 140 was cancelled.
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Hi..
i am new to this forum..
Here is my situation.
Company A -> Labor EB2 - PD Jun 2006-140 Applied and pending.
Company B -> Sub Labor Eb3 - PD jan 2004 -140 Approved (Fast approval) and working.
485 Never applied because i am planning for marriage in 2008.
Based on the above state how do i recap my PD from EB3 to EB2
1. Can i ask company A to Port EB3 PD to EB2.? I do not have 140 approved notice but LIN no only.
2. Can i amend it at 140 stage? if yes How?
3. I want to join Comp A and apply my 485 if porting is successful.? what are the issues i have.
4. I know Comp B will revoke my EB3 140 after moving out of company.so i am planing to move only after Porting.Is it safe?
5. If Porting is succesful, after moving to Comp A , if Comp B revokes my 140 EB3 what will be my PD?
NOTE: 485 Never applied in any of the company.
Any inputs or anybody with similiar case do let me know.
~tks
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It is clear from your case that you can't use AC21 as your job profile will be changing. If you ever decide to move to company A, do not move on EAD. You must get your H1 transfer or otherwise get a new H1. Second - to the best of my knowledge, if you file the 140 with company A, your PD will be carried with you, and your employer can't cancel it - just because employer is not happy.
However, before taking this move discuss with your attorney who will be helping to complete the process with Company A. Then file the papers, and move on.
I am not sure whether you will be allowed to file EB2 485 by capturing your EB3 PD, when the EB2-India is not current? Any EXPERT advises? Anyone please....
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