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Eligibility to convert from EB3 to EB2 with different employer ??

Newark, CA |

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 have a Masters degree and close to 10yrs experience. So I saw similar posts on this forum and here's answers: a. 5+yrs or Masters b. Yes they can. c. Yes both labor and I-140 d. No. Can I get an answer for e, f ?

Attorney Answers 3


  1. Good questions ... unfortunately, they really can't be answered on a blog.

    Schedule an appointment with an attorney and show him/her all the paperwork .. that's the only way you can get a good answer that is appropriate to your situation.

    FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.


  2. I agree with my esteemed colleague. To get a fair assessment of your situation, you should consult with an immigration attorney.

    LAW OFFICE OF ARIE EBRAHIMIAN
    8889 WEST OLYMPIC BOULEVARD, SUITE 200
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    (888) 980-2743
    (888) 980-ARIE
    ARIE@DREAMACTLAWYER.US

    Satellite offices in Santa Ana, CA and Los Angeles, CA.

    I support the DREAM Act. The DREAM Act contributes to a healthy economy, our national security, and our nation.

    DISCLAIMER - NO ATTORNEY-CLIENT RELATIONSHIP: The information provided in this email is intended for informational purposes only. This email does not necessarily reflect current legal or factual developments and is general in nature. Nothing set forth in this email should be construed as providing legal advice regarding an individual situation. Furthermore, the information provided in this email is provided “as is” without any warranty of any kind, either express or implied. Attorney Arie Ebrahimian makes no warranty, express or implied, about the correctness, accuracy or reliability of the information set forth in this email. The information provided in this email should not be construed as legal advice and does not constitute an engagement of legal services with Attorney Arie Ebrahimian or establish an attorney-client relationship absent a written agreement for legal services. Thank you.


  3. Agree with previous posts. Consult with an experienced U.S. immigration attorney.

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