Possibilities of EB3 with current company B then later filling EB2 with same employer B or other employer C?

Asked 10 months ago - Jersey City, NJ

Currently i have 5.1 years exp with company B, If my employer is going to start my GC in EB3 by year end, 1. Is it possible to change to EB2 in future may be due to promotion/duties? OR 2. Can i use the EB3 initial steps to Company C in future for my EB2 process? Bottom line is i would like to file my GC in EB2 what is possible criteria? Please advice on this (Note: Exp 4.8 in Company A + 0.5 with current Company B) 3. Please let me know if any success way for EB2 with my current employer itself? Really thanks in advance for your valuable comments.

Attorney answers (5)

  1. Harry Asatrian

    Contributor Level 15

    2

    Lawyers agree

    Answered . I think this was answered. No?

    Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information... more
  2. Marc Damien Sean Taylor

    Pro

    Contributor Level 16

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    Lawyers agree

    1

    Answered . 1. You cannot change the EB-3 case to EB2 in the future. After your EB-3 PERM and I-140 are approved, it is possible to file a new PERM and I-140 in the EB-2 category. Ideally the employee should have completed the minimum years of work experience for the EB-2 position before starting work with current employer.

    2. No.

    You need to speak to your employer. Whether a case is filed as EB-2 / EB-3 is determined by the employer's requirements for the position, not by what you would prefer.

    Law Office of Marc Taylor, Esq. PC, www.usavisanow.com, 888-645-6272, info@usavisanow.com , 224 W. 4th Street,... more
  3. Daniel Patrick Hanlon

    Pro

    Contributor Level 20

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    Answered . Generally, an employer cannot insist on experience you did not have at the time of hire as a minimum requirement. There are exceptions. Consult with an immigration attorney for more information.

    Please note that this posting does not constitute legal advice or create any attorney-client relationship with the... more
  4. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . This not only looks like a question that was recently asked ... it is way to complex for an internet blog.

    For 'proper' guidance, pay an attorney for a consultation.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  5. Michael E. Piston

    Contributor Level 12

    Answered . Your employer may file an EB2 petition upon your behalf in the future if you are offered a different job with that company which requires at least a Master's degree or a bachelor's degree and 5 years of post bachelor's experience. If the company first sponsors in an EB3 job, and that I-140 is approved, then later, if gets an I-140 approved for you as an EB2, your EB2 I-140 will have the same priority date as the EB3 petition.

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