Should I port from Eb3 to Eb2? Please Advise!

[natasha_reddy]

Hello Friends,

First of all, I would like to thank each one of you for your valuable contributions to this forum, forums like these prove to be very conducive for people like me who are in dire need of immigration advise. So, here is my situation..

I'm working as a typical "Programmer Analyst" for a desi consulting company. My labor was approved under Eb3 in May 2009 (since I didn't qualify for EB2 then) and my I140 a month later. I will be completing 5 years of work experience under the same employer this October and most importantly with my PD of 2009 for EB3 I see no hope. Therefore, I'm seriously considering moving to Eb2. I have a 4 year Bachelor's degree in Computer Science, so I assume it's one of the qualifying factors.

My employer was not thrilled about promoting me or starting a new EB2 application, of course he wants to make money off of me as long as he can! Therefore, I'm in the process of finding a new employer who can start my EB2 process(most probably another consultancy).

FYI: I still have 1.8 YEARS of H1B left.

Could any one of you please advise on:

-How I can achieve this?

-Other Criteria s I need to qualify for?

-Can my original employer revoke my i140? if so, can I still transfer the PD to new EB2?

Also, please forward any experienced attorney references you may have? Any bit of information is much appreciated. Thanks a lot for your time and patience.

PS: I work in Bay area and make 85K per year.

Sincerely,

Natasha

[pontevecchio]

1. Find a sponsor to file for a job corresponding to EB2.Masters or Bachelors plus 5 years progressive experience. The same company is usually not able to file an EB2 as the new job description should be more than 50 % different. Experience in the same company is not counted.

2. It depends.

3. Any Immigration Firm including the firm of Murthy should be able to guide you. They do not have to be in the west coast though you could search for "info" about Immigration Lawyers there if you wanted.