| 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
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| A. |
Size and revenue only factor in the ability to pay the wage. There are no requirements as to size of the organization. I do not see why you could not use the EB2 priority date if obtained, and aply it to the current 485 that is pending. |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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