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

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.

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Attorney answers 5

Posted

I think this was answered. No?

Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.

Asker

Posted

hi Harry, This is different question in order to pursue with eb3 in the intial and changing to EB2 later

Posted

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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

sure capri, thanks.. will do that..

Posted

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, Suite 200, New York, NY 10014 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Asker

Posted

What will happen, if i start my GC in EB3 and if the PERM and I-140 is approved, then move to other company start my GC in EB2? can i use the prior approval for I140 ? what are the process i may avoid by going this way, First starting with my EB3 in company B, and an hour start my EB2? what will you suggest me? My ultimate goal is would like to be in EB2. Please let me know the possibilities?

Posted

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 inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

Posted

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.

Asker

Posted

I joined here in my 4.8 years, that time my H1 transfer happened with differnt jobs and responsibility, which i am not fit for EB2, but currently i am working in other technology, past 1 month, so is it possible to file my petition again with current jobs and responsibility and do my GC in EB2? is it possible? can i consider my past 4 months with different technology as my second level experience, 4.8 + 0.4 and currenly i am with different technology (BUT same EMPLOYER), can i use my current job description for my EB2?

Michael E. Piston

Michael E. Piston

Posted

You may satisfy the requirements for the job you are offered in the PERM application with evidence of experience obtained with the same employer only if you spent at least 50% of your time in the prior job performing duties which are different from those of the job which you are now attempting to prove your qualification for.

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