PDA

View Full Version : moving from Eb3 to Eb2 with Same Employer


mk1980
12-09-2011, 12:17 PM
Hi

i was hired by employer in 2007 as a Sr. Developer. I have Masters and over 2 years of experience before i join this company. My GC case filed under EB3 category as job description states "Requires Bachelors with 3 OR Masters with 1 year experience". My employer firled my Green card under EB3 in 2009.

My current GC status:
EB3 PD Date : May 15 2009
I140 Approval Date: October 2010.

Recently i got promoted with responsibilit of team lead.i asked my manager to file my GC in EB2 and port the old PD date at later stage. He asked me to research and send some details to support my case.

can please some one help me whak kind of responsibility cahnges and other details satisfy to file the case under EB2 with same employer and same team.


Regards
MK

Like This Unlike

cleopatra
12-09-2011, 12:29 PM
Hi

i was hired by employer in 2007 as a Sr. Developer. I have Masters and over 2 years of experience before i join this company. My GC case filed under EB3 category as job description states "Requires Bachelors with 3 OR Masters with 1 year experience". My employer firled my Green card under EB3 in 2009.

My current GC status:
EB3 PD Date : May 15 2009
I140 Approval Date: October 2010.

Recently i got promoted with responsibilit of team lead.i asked my manager to file my GC in EB2 and port the old PD date at later stage. He asked me to research and send some details to support my case.

can please some one help me whak kind of responsibility cahnges and other details satisfy to file the case under EB2 with same employer and same team.


Regards
MK

Like This Unlike

It is not about satisfying the need for EB2. It is the other way around.
Your new job should require atleast a MS or BS + 5 years of progressive experience.
In either case, you need to be prepared for possible audit asking the need for MS or BS +5. You may or may not get the audit. You just need to be prepared.

Since you joined in an EB3 job, you need to be able to demonstrate that this new job is at least 50% different from the old one if you want to use the experience you gained with the employer.

If there are others in the same position without the required MS or BS +5, you may have some issues if you get an audit or RFE around that.

So at the end of the day, if your job opportunity is genuine and it requires either a MS or BS+5 and you satisfy the requirement, you can go ahead with EB2 porting.

All the best.