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Posted on 24 Oct 2010
Q.

EB3 to EB2 with the same employer.

Exp before joining the current employer: 4 yrs 10 months
Education: BE from inida (4 yr degree)
Joined Current Employer: 03/2004
EB3 Labor date: 02/2005
status: on EAD (h1-b exp)
is it possible to claim the experience gained with the current employer, in order to file a new EB2 application and port PD of EB3, under Progressive Experience?
(as long as we meet criteria for progressive experience). Also, does it require to go through AC21 with the same employer, as being on EAD and new position requirements are different.....
what is the risk with this?
(OR)
is it recommended to look for a new employer to file a EB2 application?
is it ok to stay with current employer until new EB2 485 is approved with new employer (even after using EB3 PD while applying for EB2 140 /485)

User's Location: New York, New York, United States of America
Category: Employment-based Green Card
Posted on 25 Oct 2010
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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