EB3 to EB2, new nature of job, adding spouse...seeking advice

[eb3toeb2user]

Background: I have Bachelors in Arch and 5+ yrs of experience in 2-3 architecture firms. But I decided to change career, did a Bachelors in Nursing and I am now a nurse for last 1 yr. I don't have any IT experience. I filed an EB3 as "autocad designer" when I was into architecture and got my EAD (PD: 2005) but without my spouse who was in India then.

 

Objective: I wish to port my PD to a new EB2 so that my spouse will also file & immediately get GC. My spouse just came back to US and is looking for a job on a recently approved H1.

 

Questions: 

 

- How is 5 yrs experience proven in EB2? Can my nursing employer combine 1 yr nursing as "similar job" with 5 yrs architecture experience? Or can an IT firm consider my 5 yr architecture "autocad software" work as IT job experience to file an EB2?

 

- My previous architecture employer, who I left in 2007, can sponsor EB2 in good faith for a senior architecture job provided I can take care of all costs.  I can engage an attorney but is it advisable that a small firm (maybe a sole proprietor) file an EB2?

 

- Is there a chance that my spouse can file EB3 and still get EAD even though my PD is 2005? I have heard USCIS sometimes does this by oversight.

[jairichi]

 

Background: I have Bachelors in Arch and 5+ yrs of experience in 2-3 architecture firms. But I decided to change career, did a Bachelors in Nursing and I am now a nurse for last 1 yr. I don't have any IT experience. I filed an EB3 as "autocad designer" when I was into architecture and got my EAD (PD: 2005) but without my spouse who was in India then.

 

Objective: I wish to port my PD to a new EB2 so that my spouse will also file & immediately get GC. My spouse just came back to US and is looking for a job on a recently approved H1.

 

Questions: 

 

- How is 5 yrs experience proven in EB2? Can my nursing employer combine 1 yr nursing as "similar job" with 5 yrs architecture experience? Or can an IT firm consider my 5 yr architecture "autocad software" work as IT job experience to file an EB2?

 

- My previous architecture employer, who I left in 2007, can sponsor EB2 in good faith for a senior architecture job provided I can take care of all costs.  I can engage an attorney but is it advisable that a small firm (maybe a sole proprietor) file an EB2?

 

- Is there a chance that my spouse can file EB3 and still get EAD even though my PD is 2005? I have heard USCIS sometimes does this by oversight.

 

1. No way. It has to be relevant experience in your profession.

2. You cannot pay for certain portions of GC processing. That is illegal.