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neelupinky

EB3 to EB2 conversion

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I have been with my current company for 12 years. My priority date in EB3 is Apr 2003. EB3 was filed as a programmer but now I am a supervisor. Do I qualify for EB3 to EB2 conversion i) With the same company or ii) with another company?

Thanks

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You need to have a lawyer review your case. There are many gotchas in converting in EB2, one of them being education.

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Eligibility criteria for EB2 is education is 4 years + 5 years progressive experience; 4 years + 2 years Masters from India; Masters from US + 0 years experience (if job requires Masters). I don't think the experience earned from the current employers work though. Just my .02 cents.

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I have been with my current company for 12 years. My priority date in EB3 is Apr 2003. EB3 was filed as a programmer but now I am a supervisor. Do I qualify for EB3 to EB2 conversion i) With the same company or ii) with another company?

Thanks

If the position you are working as requires at least 5 years of experience with a bachelors degree, you are eligible for the upgrade. Your employer will have to file a separate PERM and 140.

good luck.

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Hello Team,

1. Working fo rCompany A with 10 years of exprience till now - Company A file I-485 (EB3)

2. EB3 PD: 05/20/2004, I-140 approved (in 12/2006) and I-485 pending (receipt date: 09/2007)

3. Current H1 (EB3) is getting expire on 1/12/2013, thinking to change to EB2 with another company B

4. Has approved EAD (already renewed three times)

Based on above information have below questions, all feedback appreciated:

1. Would I be qualify EB2 with another company B with different position and salary; with 10 yrs of experience and MS in India?

2. If I am applying for EB2, would I be on EAD after 01/2013 if I don't do extension with company A?

3. Would I be no longer on H1 till my LCA and I-140 get approved with Company B (New)?

4. Looks like my current company A doesn't make enough income as before, they concern about my extension that it

could be denied. Does it still advisable to extend H1 (EB3) with company A or not?

Appreciate all input.

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