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EB3 to EB2 change
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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