Porting to EB2 based on education

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I am trying to find a way out to port my case in EB2 based on education.


My background:


I have completed 3 years bachelor's degree in India. I also have around 6 years of IT experience in India. I came to the US in Jan 2008 and have been working since then. My employer filled my perm in May 2012 and have my I 140 approved in EB3 category.

When I joined this employer I was still doing my masters. I did not transfer my H1B to F1 visa. I have completed my Masters in Oct 2013. I now want to file my case in EB2 category since i have all the required years of experiences and now educational requisites too.

However my lawyer says that it would be risky to file an EB2 case with the same employer even for a new position. A few have also suggested me to file my case thru a new employer.


Any experiences / advice are appreciable.

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You have multiple issues.  The attorneys are in the best position to advise you.  Obtaining education with the filing employer usually does not count towards upgrade.  A new employer is your best chance - but you still have to go through PERM. With a new degree, you are  competing with a lot of others.

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An employer generally could sponsor an existing employee for a different job than the one in which the person is working based on a degree earned while an employee. The problems in such cases generally come when experience is also required that was earned as an employee of the sponsor or if the employer paid for the degree. The complexities of this process is why it is usually a good idea to consult with an experienced lawyer even in the planning stages of proceeding with a new labor certification.

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