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DesiGuy
07-12-2011, 11:47 AM
Hi all,

After waiting several years for my GC, I left US but my company continued by GC application....but in EB3 (I) category so PD is still not current or will be for few more years

Heard from a friend that I may still be able to get GC and live the american dream. Really appreciate if you can help me. Below are my details:


US employer A - PD Jan 2003, EB3 (India), 140 is approved.

After waiting 9 years, left US and came to UK, recently became British citizen and also gained a MBA degree from UK uni.

Still working for employer A but in their UK offices, they kept my GC application going. PD for EB3(I) is not current.


Ques.

a) If another US company sponsors my H1, can I port EB3 to EB2 and reclaim PD of Jan 2003.

b) If I change job in UK and work for employer B while i search for a H1B sponsor.
Then can employer C in US still file for me, port to EB2 and reclaim PD of Jan 2003.


Thanks very much in advance.

Best regards

cleopatra
07-12-2011, 02:05 PM
Hi all,

After waiting several years for my GC, I left US but my company continued by GC application....but in EB3 (I) category so PD is still not current or will be for few more years

Heard from a friend that I may still be able to get GC and live the american dream. Really appreciate if you can help me. Below are my details:


US employer A - PD Jan 2003, EB3 (India), 140 is approved.

After waiting 9 years, left US and came to UK, recently became British citizen and also gained a MBA degree from UK uni.

Still working for employer A but in their UK offices, they kept my GC application going. PD for EB3(I) is not current.


Ques.

a) If another US company sponsors my H1, can I port EB3 to EB2 and reclaim PD of Jan 2003.

b) If I change job in UK and work for employer B while i search for a H1B sponsor.
Then can employer C in US still file for me, port to EB2 and reclaim PD of Jan 2003.


Thanks very much in advance.

Best regards

You don't need to quit your current job. If the new position for you is at least 50% different from your original eb3 job and if you qualify for this new job, then you can apply for eb2 and get your PD ported.

DesiGuy
07-12-2011, 03:56 PM
Dear Cleopatra,

thanks for your response.

would still like to know what would happen in case b) mentioned above as times are tough and bit unpredictable right now.

thanks again.

cleopatra
07-12-2011, 04:07 PM
As long as the new job qualifies for EB2 and you satisfy the requirements, you can proceed.

I am not a lawyer and this is not legal advice. You would be better served to consult with an attorney just to be sure.

DesiGuy
07-12-2011, 04:15 PM
As long as the new job qualifies for EB2 and you satisfy the requirements, you can proceed.

I am not a lawyer and this is not legal advice. You would be better served to consult with an attorney just to be sure.

thanks cleopatra, appreciate your feedback.

Can anyone else please comment.

I just want to confirm whether my PD of Jan 2003 stays valid after change in employer as it may take some time for me to find a H1B sponsor.

thanks