EB2 vs. EB3 Questions and Answers


Recommended Posts

This week, the Murthy Law Firm attorneys will answer questions relating to EB2 vs. EB3 questions and answers.       

 

Rules for Topic of the Week Threads:

 

 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

 4. Please do not provide information which would identify any specific company, university or individual. 

Link to comment
Hi, I'm currently in H-1B visa with I-140 approved under EB3 category.

We are planning to initiate the process of porting my EB3 petition to EB2 category (within the same employer since I got promotion and accumulated more experience).

 

My current H-1B Visa extension ends by December 2016. We will be filing an H-1B Visa extension sometime during second half of 2016.

While the EB3 to EB2 Greed Card porting process is in progress (within same employer), can we still use the previously approved I-140 petition (from EB3) to get my H-1B Visa extension?

 

Or will the existing I-140 approved under EB3 category earlier gets cancelled automatically?

 

Please advise!

Link to comment

Hi,

 

I am currently on H1B and H1B extension was applied in premium with current employer. I am confident that I will get the H1b extension till 6 years period completion (Oct 2016).

 

Labor was approved under EB3 and I-140 was applied one and half month ago with current employer. I-140 not yet approved.

My 6 years period in US is going to expire in a year ( In Oct 2016)

 

I got a good offer from New employer (Product based US company). New employer is willing to file labor after 1 months of joining. Considering this I will be left with 11 months for 6 years period to complete.

 

Please advise on the following considering the above case

 

1. Is it safe to switch to new employer now as I am left with only 1 year for 6 years period to complete and 1-140 was not yet approved with current employer? What are the immigration issues we may foresee and needs to be considerd before switching to new employer in my case?

 

2. What happens if my current employer withdraws 1-140 once I leave him. Do I need to leave US assuming if the new employer applied for labor and Labor not approved or goes to RFE before the 6 year period completion (Oct 2016)?

 

3. Is it possible to get 7th year extension with new employer while the labor is in progress? or Does it require approved labor before 6 years completion (Oct 2016 in this case)?

Link to comment

Hi ,

I am planning to take full time with my client, Right now I have my I-140 approved with priority date 2012 March in EB2. My client will file GC in EB3 only. If we are converting from EB2 to EB3 do we still need to file PERM again or will the same PERM from EB2 can be continued and only new I-140 will be required to file.

Please help,

 

Thank you,

Link to comment

 

Hi, I'm currently in H-1B visa with I-140 approved under EB3 category.
We are planning to initiate the process of porting my EB3 petition to EB2 category (within the same employer since I got promotion and accumulated more experience).
 
My current H-1B Visa extension ends by December 2016. We will be filing an H-1B Visa extension sometime during second half of 2016.
While the EB3 to EB2 Greed Card porting process is in progress (within same employer), can we still use the previously approved I-140 petition (from EB3) to get my H-1B Visa extension?
 
Or will the existing I-140 approved under EB3 category earlier gets cancelled automatically?
 
Please advise!

 

Provided your employer does not withdraw the EB3 I-140 petition, you will still be able to use the EB3 petition to extend your H1B beyond the normal six year limitation.  

Link to comment

Hi, I'm currently in H1B, and I recently got my EAD approved on EB2 category. My H1B is expiring on Feb 2016.

 

Is it safe to switch the status from H1B to EAD, or should I continue on H1B Visa only unit my Green Card?.

My Priority Date is Jan 2010.

 

Need Your Expertise. Thanks

Your question is not specifically tied to the subject of EB2 vs. EB3. Therefore you will not find an answer in this thread to your question. However you will find many discussions on the Forum regarding this matter. Additionally, you may want to speak directly with a Murthy Law Firm attorney via a consult to discuss the pros and cons to both options. 

Link to comment

Hi,

 

I am currently on H1B and H1B extension was applied in premium with current employer. I am confident that I will get the H1b extension till 6 years period completion (Oct 2016).

 

Labor was approved under EB3 and I-140 was applied one and half month ago with current employer. I-140 not yet approved.

My 6 years period in US is going to expire in a year ( In Oct 2016)

 

I got a good offer from New employer (Product based US company). New employer is willing to file labor after 1 months of joining. Considering this I will be left with 11 months for 6 years period to complete.

 

Please advise on the following considering the above case

 

1. Is it safe to switch to new employer now as I am left with only 1 year for 6 years period to complete and 1-140 was not yet approved with current employer? What are the immigration issues we may foresee and needs to be considerd before switching to new employer in my case?

 

2. What happens if my current employer withdraws 1-140 once I leave him. Do I need to leave US assuming if the new employer applied for labor and Labor not approved or goes to RFE before the 6 year period completion (Oct 2016)?

 

3. Is it possible to get 7th year extension with new employer while the labor is in progress? or Does it require approved labor before 6 years completion (Oct 2016 in this case)?

Due to the nature of your question it is best to speak directly with a qualified U.S. immigration attorney to discuss the various options and limitations of your situation. Feel free to call our office to speak to any of our attorneys.  

Link to comment

Hi ,

I am planning to take full time with my client, Right now I have my I-140 approved with priority date 2012 March in EB2. My client will file GC in EB3 only. If we are converting from EB2 to EB3 do we still need to file PERM again or will the same PERM from EB2 can be continued and only new I-140 will be required to file.

Please help,

 

Thank you,

A PERM application is tied to a specific offer. Therefore, if pursuing your green card with a new employer, whether it is EB3 or EB2, a new PERM application is required. 

Link to comment

An individual can file a new EB2 PERM with the same employer that previously filed an EB3 PERM. However the options available will depend on the circumstances of each case. Generally, the two positions cannot contradict each other and the Beneficiary of the new EB2 case must have possessed the qualifications prior to employment with the same employer (with some educational exceptions), or if using on the job experience, the experience gained with the same employer must be from a position substantially different than the new sponsored EB2 position. To discuss this in more detail it is advisable to schedule a call with a Murthy Law Firm attorney.     

Link to comment

My priority date is Jan 1 2011 and currently my application is filled under Eb2. Based on Oct DF dates, I can apply for change of status. Based on your article below, I have some questions..

 

New System is Not Perfect, but Still a Major Improvement

It is important to understand that the ability to file an I-485 earlier in the immigration process will not actually lead to the applicant being granted status as a lawful permanent resident status (i.e. being issued a green card) more quickly. But, based on a pending I-485, one may also apply for corresponding benefits, such as an employment authorization document (EAD). Moreover, this new visa bulletin system primarily will benefit those applying under the employment-based categories, and, 180 days after filing an I-485, such applicants generally will become eligible to use the portability provisions provided under the American Competitiveness in the Twenty-First Century Act (AC21).

Questions..

1. What are the benefits of EAD card? Is it portable? if I lose my job can I stay legally in USA? Do I need stamping everytime I travel out of country?

2 Also, I have been out of country on expat assignment and I am eligible to apply for EB1 under international manager. I understand that company need to file I-140. Is that expensive and total application refiling for the company?

Thanks for your response.

Link to comment

This is a question regarding dual filing for I-485. I have a priorty date of 06/10 for an EB-2 NIW (Self sponsored) and my wife has the same for a priority date of 07/11. The question I have is if we both can file as primary and include the other as a dependent for the I-485. This would make us both have two I-485 applications. Is that acceptable to the USCIS? Any legal blocks we might run in to? Your help and insight are appreciated.

Regards.

Link to comment

My employer filed my GC in EB-3 in March 2009. It is I-140 completed. I have requested for porting my GC to EB-2 so my employer filed EB-2 PERM in March 2015 and is approved now.

 

As my EB-3 PD is March 2009, Can my employer now file my I-140 and I-485 together for the EB-2 GC?

 

Thanks

Link to comment

I have approved I-140 in EB-3 with PD as Aug 2010.

Ported to EB-2(PD Sep 2013) with the same employer. PERM approved in Mar '15. I-140 filed on 1st Sep '15 in Regular.

 

Question:

1) With Current Visa bulletin update can I-485 be filed concurrently along with my I-140 which is in process

2) Does spouse need to be on H4 for adding into I-485 or can stay on their own H1(with a different employer) and still can be added to I-485 along with mine.

Link to comment

Hi,

 

Currently i am on H1-B with Employer A for Last few years, My GC was filed with another employer B as a future employee and got the I-140 approved in 2011 April and i am eligible for filing the I-485 now as per the October bulletin, which my Employer B is willing to proceed with filing my i-485

 

But my current employment with Employer A is ending today with last day being 23rd Sep'2015 and as i wanted to take a break , we are filing Status Change to H4 (on my Husband's H1, who is a employee of Employer B).

 

My employer believes that my application for i-485 should list my H1 details for the Current Status, 

 

as i expect to receive H4 Receipt (not approval) before even filing the I-485, i am confused how can i use H1 as my current status for i-485 application purpose. 

 

Can you please validate and let us know if thats correct to fill the H1 details for current status.

 

Thanks,

Sweth

Link to comment

Archived

This topic is now archived and is closed to further replies.