Porting EB3 date to EB2 - With Same Employer or Another

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I need your recommendation regarding my present H1B and green card status. So please help.


I work as an Electrical Engineer for Engineering Company. Here is my current visa status:


Here is my current status:-

  • Working on H1B since Nov 2006.
  • Green Card was filed under EB3 category by present employer.
  • Green Card priority date is in Dec 2008 – PERM labor and I-140 was approved before first 6 year expiry of H1B.
  • First 6 years of H1B were consumed in Oct 2012
  • Got 3 year extension of H1B (since GC is pending), H1B extension expires Oct 2015


What are my options:-

  • Move from one engineering discipline to another with 50% job profile change with the present employer – will I be able to port my priority date from EB3 to EB2 with new discipline
  • Move to another employer offering EB2 position – since my H1B extension expires Oct 2015, if I move to new employer, will I be able to use all the time I have spent outside US since 2006, as an extension to next year H1B expiry in Oct 2015?
  • Which option is better and smoother? – stay with the same employer or move to new employer


Thank you very much!

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  • 1 month later...



It all depends, if you’re current employer willing to process under EB2 then go ahead or if you think moving to new company will benefit you then move to new company. 

I am also under same situation as yours only difference is I am in IT and my employer is willing to process under EB2 with 50% change in job profile. I am still working on it with my attorney.

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