Porting EB3 date to EB2 - With Same Employer or Another

[vshrivas]

Hello,

 

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!

[vasu0009]

vshrivas,

 

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.