Eb3 to EB2 porting


jgpatel

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Hi 

I am pharmacist and working as register pharmacist in pharmacy store since 2006 .My employer filed GC in eb3 ( bsc my job was on Bachelor based degree )and has priority date in 2007. I-485 filed for eb3.

My question is 

 

(1) since i have 7 years of work exp. Can i port fro Eb3 to Eb2 for different company ?

 

(2) Is it possible that new company file GC under eb2 but still work for old company till i get 140 approved from new company and once i get 140 approved(EB2)  from  new company get same priority date as Eb3 (2007) then join new company ? 

 

(3). When i filed C EB3 i was not married ..  so i also need to add my wife name in my GC file . so can i add her name in new Eb2 file ?  in which step  i need to add her name  during EB2 file ?

 

 

please reply ..

 

Thanks 

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1. It depends whether Pharmacist can come under EB2 ever. It would depend on whether Bachelors plus 5 was the minimum requirement for the new job.

2. In theory maybe possible. Do you think R*teaid etc. will allow you to do that?

3. At the time of the new I-140 filing you mention her name.

4. Discuss your situation with a Lawyer to get specific guidance.

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There are pharmacist positions that have EB2-type requirements. We have seen that at Murthy Law Firm. The LC and I-140 filed by a business with such a position can be for the person to fill in the future on becoming a Green Card holder. It is important though to consult with an experienced immigration lawyer for advice on how to proceed in one's own case.

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