H1-B Transfer - EB3 to EB2

[sameer24p]

Hi,

I was on a H1-B visa in US since 2005. My H1-B was renewed twice and the last stamp/expiry of the H1-B was Sept 31-2014. However, in 2012 I left USA and moved to SG. My I-140 has been approved with a priority date in Aug 2007 (EB-3 category).

 

Now I have got an offer from another employer in US . They have filed the I-129 petition (H1-B transfer) and they mentioned to me that they can put me in the EB-2 category. My question is once my petition is approved, what is the next step that I need to convey to this employer in terms of the GC process ? Do I need to tell them to file the I-485 in the EB2 category using the priority date mentioned in the I-140 ? Appreciate if someone can let me know the exact process.

 

 

Thanks

 

[ashuneel]

as noted by others multiple times on this forum  job requirements define the category of EB so you need to check if the new job qualifies for EB-2.

I-129 petition is only for non immigrant worker and does not have any thing to do with EB category. Once the petition is approved  The new employer will  have to file new PERM and I-140 after PERM approval. EB category will be decided at that point.

You can use the  Aug 2007 PD if it has not been revoked by USCIS for fraud.

You can file I-485 when you have a approved I-140 from your new employer and the dates are current.