EB3 to EB2 Upgrade question


casablanca2010

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Hi everyone,

My I-140 was approved in Feb 2012 under EB3. I now did an education evaluation and can upgrade to EB2. However wanted to get your feedback

1) I am a Chartered Accountant from India. Also have a 3 year Bachelor of Commerce degree. I also completed my Company Secretaryship from Institute of Company Secretaries of India.
2) Prior to joining this company 3 years back I had 8 years of experience.

My lawyer told me in 2012 that I do not have a 4 year degree from a single source hence will not be eligible for EB2. Now after I have gotten my education evaluation redone it states that I have a 4 year Bachelor of Science degree in accounting from an accredited college or university in the US based on the single source of the Final examination program completed.

It also mentions EDGE and AACRAO in my evaluation.

My questions now are

1) Should I go ahead and file for EB3 to EB2 upgrade? What are my chances of approval?
2) Also, per my lawyer if the know that if the priority date becomes current for EB3 when I have filed for upgrade I will not be eligible for EAD? What are the chances for EB3 to become current?

Based on your experience what would you recommend. I really would appreciate your advise here.

Kind Regards,
 

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The USCIS has an inconsistent approach to the Chartered Accountant membership from India for EB2 purposes.  You should consult with an immigration attorney before pursuing an EB2 case based on that credential.    It is high risk for denial, and should only be attempted with an AACRAO issued evaluation (not just an outside evaluation service that references AACRAO and EDGE) and with the employer's and employee's acknowledgement and acceptance of the risk.

 

The EB2 upgrade would require a new LC and new I-140 for a different position, but the new filing should not jeopardize your current EB3 approval.  If that EB3 were to become current prior to the new EB2 case approval, you should be able to file the I-485 based on that EB3 case and apply for EAD at the same time. 

 

Also if you are using experience gained with the sponsoring employer you need to demonstrate that that experience is at least 50% different from the sponsored position.

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