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Posted on 22 Oct 2009
Q.

EB2 to EB2

I have an approved I140 (EB3 India, Labor Sub, PD Apr 05) and my I485 is pending. Based on AC21 portability rule, I became self-employed using my EAD. I have an LLC in which my wife manages admin activities while I am contracting for a similar position (programmer analyst) as I have on my labor app. I did not file AC21.

I have 3 year bachelors degree (Economics), 2 year MBA (post grad diploma in management from Indian Institute of Management) and 8+ years of relevant tech experience. Can I file a new I140 (EB2) in a project manager role through my own company and retain the PD? Can I file a new I140 through another company? Will it be too risky to try to transfer from EB3 to EB2 since I am self employed? If I do apply for another I140 under EB2, how long does that process usually take?

User's Location: Fremont, California, United States of America
Category: Employment-based Green Card
Posted on 22 Oct 2009
A.
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.com

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