Changing from Eb-3 to EB-2 with new employer

[libranswapy]

Hi All,

 

I am currently working with company XXX which is a good US based company. Next month in Jan 2015 they will start my green card application in EB-3 category even though i have a MS degree in CSE as for my software engineer position they only file in EB-3. They said they can file a new petition for EB-2 once i promote to Senior Engineer position. 

 

I wanted to know if is it possible to get the GC filed in EB-3 with this company and then if things change have green card filed with another company in EB-2 with same priority date which i would get from this company?

 

Does priority date remains the same even though another company files my GC in EB-2 when i was previously filed in EB-3. Any suggestions or steps for planning would be helpful. Thanks.

[pontevecchio]

PD remains available to you.

[rahul412]

Yes that's possible

[libranswapy]

Hi Pontevecchio and Rahul,

 

Thanks for replying. Sorry i did not clearly understand what you meant. Can you please elaborate and explain?

 

If i currently file my visa through employer in EB-3 since they dont file in EB-2 and later after i get my I-140 transfer company and then another employer files in EB-2 i can port over the priority date which i got initially when it was filed in EB-3 category to this new category?

It really hurts when i have Masters degree with 4.5 years US experience and a fortune 500 company doesnt file in EB-2 category or have weird policies. So i want to be proactive for future if i should get filed from this company or switch employer.

[pontevecchio]

Once you have an approved I-140 in any job classification, EB2 or EB3 that PD remains available to you for any subsequent GC filing in any classification in future, in the absence of fraud. The new employer has to start from scratch, PERM etc.

[rahul412]

If your future employer files your GC in EB2 then you can use your EB3  PD.

[libranswapy]

Thanks Rahul and pontevecchio.

 

Just to reiterate and confirm. If my current company files in EB-3 category and then after i get I-140 approved i switch company which later files in EB-2 category my original priority date will be ported/carried forward and i will not have to restart the priority date process again correct?

 

This really helps a lot. Thanks for your replies.

[rahul412]

Thanks Rahul and pontevecchio.

 

Just to reiterate and confirm. If my current company files in EB-3 category and then after i get I-140 approved i switch company which later files in EB-2 category my original priority date will be ported/carried forward and i will not have to restart the priority date process again correct?

 

This really helps a lot. Thanks for your replies.

GC process has to be started from scratch,but your PD will be the same.

Please google for more info.