Upgrading to EB2, porting EB3 priority date

[immigration.questions]

I have a few questions regarding upgrading to EB2 and porting my EB3 priority date.

Currently I am on H1 that was applied with position of "Programmer Analyst" and it is valid until 2015.

My GC in EB3 category is in process with the I-140 already approved. I want to upgrade to EB2 category and port my EB3 priority date on EB2....at a later date in its due course. I don't want to wait until my current H1 expires so that I can file for an extension with a new/higher position which will help me file another GC application in EB2 category.

My questions are:

1) Is it possible to do an ammendment of my current H1 with position change from "Programmer Analyst" to "Software Engineer"?
2) Will it be considered and processed as a new H1 application? I mean, is there a chance that USCIS will reduce the H1 period? For example, instead of untill 2015 as in my current approval can they change it to say 2014?
3) Are there any risks involved in this process?

[xfitter]

There is nothing that your current position on H1B should match what the GC was filed for, if that is your concern. From your post, it appears you want to port to EB2 with the same employer that did EB3.? You can still be on H1 as a "Programmer Analyst" (for which I assume you did EB3), and file in EB2 for "Software Engineer" (assuming job description and experience/education requirements for this position qualify for EB2, and that your skills match these requirements) while being on H1 as a "Programmer Analyst" with the same employer. You need not amend your H1B to "S/w Engineer" now, unless you are doing the job duties of a "s/w engineer" now. When your employer renews your current petition (Pgmr. Analyst) in 2015 or six months prior to expiration in 2015, you could amend to "S/w Engineer" and extend, so you will get your H1B as "S/w engineer". You should get it for three years under normal circumstances with your approved I-140 in EB3, however, I am not sure if this is always the case. H1 is for what you currently do, and GC is future employment. So, they need not match, although you need to prove you meet requirements for the GC position.

 

 

It is also not clear from your post whether you want to go with same employer or different employer for EB2.

 

To answer your questions:

1) Yes, if your employer is willing to, although you need not do this just for filing EB2 for "S/w engineer".

2) This is my guess - USCIS can reduce H1 period, especially if you are into consulting and do not have SOW until 2015 for new position?

3) Your case has the risks of any regular H1 amendment or extension, it depends on the merit of the case; you may get a RFE? I am not certain.  

 

Please consult a qualified immigration attorney to confirm facts.