| Q. |
Can I change my status from EB3 to EB2 on my own?
The following summarizes my current situation:
- H1B Visa Valid until June 2009
- I-140 Approved in January of 2008
- I-485 pending under EB3 category
- Priority date: Dec. 2005.
- EAD valid until Oct 2010
In December of this year I will graduate from my MBA degree. I will soon be interviewing with other companies for positions requiring MBA degrees. They have told me that they do not sponsor immigration cases.
I would need to make a commitment to start working for them by June of 2009, hoping that by then my green card will have arrived.
Alternately, I would like to know if I can change my status from EB3 to EB2 by hiring my own lawyer and without the new company’s intervention, other than their written permanent employment offer.
Thanks
User's Location:
Minneapolis, Minnesota, United States of America
Category:
Employment-based Green Card
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| A. |
Thanks for your question and congrats on your MBA completion.
Unfortunately, under your circumstances, you will not be able to file EB-2 without the employer's full cooperation. EB-2 application involves three steps - (i) the PERM labor certification, (ii) the I-140 immigrant visa petition and (iii) the I-485 adjustment of status. Steps (i) and (ii) are done on behalf of the employer in the sense that the employer requests the US government to issue you a green card. As such, the employer must be fully on board and somewhat engaged in the PERM labor certification process and in at least signing the I-140 petition.
Not only that the employer "owns" and must complete steps (i) and (ii), but the employee is prohibited from paying the legal fees during these steps. The final step (iii), the I-485 application to adjust status can be done entirely by the employee.
Thus, it is actually impossible to be able to submit an EB-2 application without the employer's cooperation or intervention. You can offer that the company be responsible for the initial stages and only to the extent that the company is legally required to be involved with the remainder of the legal work and fees to be borne by you, but they would still have to intervene to a certain extent in the beginning.
It is helpful to probe why these companies do not sponsor immigration cases? Is it their company policy? Or, is it that they do not want to carry the cost? Depending on their concerns, you may be able to offer some compromise, but again, the company must be involved to some extent in the green card sponsorship.
Hope that helps and please do not hesitate to follow-up or contact me if you have any further questions or comments.
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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