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Posted on 20 Oct 2008
Q.

Switching jobs from large company to small startup

I am currently employed as a Senior Software Engineer with a large (>10,000 empl) company. I have a Masters degree and 4 years of experience.
My immigration situation is such:
. 2nd-term H1-B valid until March 2011
. Labor approved (EB3)
. I-140 approved
. I-485 filed in Sep 07

I'd like to move to a small startup (< 10 empl) and revenues just around $1-2 million.

Since I will be joining in a Senior level position, I would like to get a new Labor petition applied in the EB2 category. After the Labor and 140 is approved, I've heard one can request USCIS to port the old EB3 PD over to the new EB2 application.

1. How much does the size/revenue factor in the Labor Cert/140 approval decision? And also is it even possible to port an older PD to new appl?

User's Location: San Diego, California, United States of America
Category: Employment-based Green Card
Posted on 21 Oct 2008
A.
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689

www.immigrationboston.com

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