I'm on a H1B visa with 485 filed (EB3) and pending for 2+yrs. I also have my EAD which expires later this year. I'm thinking of switching to a new employer who can refile my green card in EB2.
a. What is the eligibility to do this?
b. Can the new employer do this and what would they need from me, just the EB3 job description? Where would I usually get this?
c. If they are refiling in EB2 do they have to file for I-140 also or just labor?
d. I'm assuming they can reuse my priority date from the EB3 application. Is there anything during this EB3->EB2 conversion that would make my existing priority date invalid?
e. Will my EAD still be valid with the new EB2 application? Should I move after my EAD has been renewed?
f. Do these types of EB3/EB2 transfers have high chances of audit?
I agree with my esteemed colleague. To get a fair assessment of your situation, you should consult with an immigration attorney.
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