Joining a new Employer for EB-2


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Hi,

I already got my PERM and I-140 approved by my current employer. I found another employee who is willing to sponsor me on EB-2. I have a few questions before I make my decision. Appreciate if you could help me out in clearing my doubts.

1. What's the minimum requirement for EB-2 category? Is it an MS or BS + 5 years?

2. When I transfer my H1 to the 2nd company, will my current H1 becomes invalid? For instance, in case if something goes wrong during any of the Labor or I-140, can I go back to the first company and start working for them without having to apply for a new H1?

3. During the transfer what would happen to my current I-140 and labor. If the scenario specified in the 2nd question happen, will I have to apply for PERM and I-140 all over again with the first company?

4. Is there a restriction in have more than 1 active H1s at a given time. In case, if transfer and start getting paid (paystubs) from the 2nd company, will my H1 with the current company get invalidated?

5. Will I-140 application have problems, if the 2nd company apply for my I-140 and I-485 concurrently, (if my priority dates are current) along with my H1 transfer itself?

6. Which of the following is considered is considered as my title during the I-140 stage. In the PERM application there are 2 sections specifying job titles. Section F (Prevailing Wage information) and Section H (Job Opportunity Information). Out of these, which title is considered by USCIS during the I-140 evaluation. For instance, if the advertisement specifies a job title "xyz" and if "xyz" is appearing in the section H, is that going to be considered as my title?

I am really grateful, if you can answer these questions as this would clear some significant doubts on this matter.

Thanks

BG

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