| Q. |
EB3 to EB2 conversion.
I have EB3 labor and I-140 approved from my current company (Company A). My priority date is July 2003 for India under EB3 category. As EB3 for india is unavailable and even if its become avaialble then the priority will be around 2001. So, to reach my priority date of July 2003, it might take long time, so I would like to file my case again in EB2 category. But my existing company (Company A) is not willing to file new labor and I-140 under EB2. Can I continue working with my current Company A and in parallel file Labor in Perm and I-140 in EB2 category with some other company B and then join that company (Company B) when I-140 is about to get approve? I have bachelor degree (Bachelor of Engg - 4 Years degree) with 8 years of US work experience, Do I qualify, will there be any issues?
User's Location:
IRVING, Texas, United States of America
Category:
Employment-based Green Card
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| A. |
Thanks for your question. You are right, EB-2 India is awfully backlogged and if you can find a chance to speed up your processing, you should consider doing it.
You can certainly continue working for Company A and have Company B (assuming you have a company in mind which is willing to do so) file PERM and I-140 based on EB-2. Generally, a green card application is for a future employment and you do not have to work for Company B until your I-485 is approved, although you must intend to do so throughout the process. You should also be able to qualify for EB-2 based on 4-year Bachelor's degree and 8 years of US work experience.
I would urge you to do a degree/experience evaluation to ensure that your diploma/qualification would qualify for EB-2. For a small fee, $100 or so for the evaluation company's fee, you will get some certainty that you can use EB-2 before you proceed.
If you would like, we can look at your case in more detail, as part of our initial free consultation, and see if the second green card application, based on EB-2, would face problems.
Thanks again for your question and feel free to follow-up or contact us directly at the address below if you have any comments/questions.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.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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