I have been on H1-B since 2001. My current H1-B is valid till June 2016 and I asked company / lawyers to apply for extension. (Keeping H1-B valid as we wait for Green card)
I have a I-485 pending with PD - 03/24/2005 on EB3.
I started in company as a "Software Engineer" and am now "Senior Manager, Applications Development". Same company.
Now, lawyers are of the opinion that H1-B has to be updated to reflect the change in title/ position AND we should reapply I-485 again (under EB2).
I am not too keen on this since we are relatively close - maybe another year till GC. Plus all GC costs are borne by us, not the company.
What do the experts here think?
- Will the change in job title affect the GC application? (I did see the AC-21 Memorandum which allowed for Career progression. Can I use that?)
- if H1B is changed, but I do not reapply for GC, will that affect the EB3 GC?
- If I apply under EB2 & try to port dates, but EB3 becomes current before PERM/ I-140 approval, can I still get GC under EB3?
- If I apply under EB2, will the EB3 application still be valid or will that be cancelled?
- any other issues that I am not predicting?
Please help
I have a I-485 pending with PD - 03/24/2005 on EB3.
I started in company as a "Software Engineer" and am now "Senior Manager, Applications Development". Same company.
Now, lawyers are of the opinion that H1-B has to be updated to reflect the change in title/ position AND we should reapply I-485 again (under EB2).
I am not too keen on this since we are relatively close - maybe another year till GC. Plus all GC costs are borne by us, not the company.
What do the experts here think?
- Will the change in job title affect the GC application? (I did see the AC-21 Memorandum which allowed for Career progression. Can I use that?)
- if H1B is changed, but I do not reapply for GC, will that affect the EB3 GC?
- If I apply under EB2 & try to port dates, but EB3 becomes current before PERM/ I-140 approval, can I still get GC under EB3?
- If I apply under EB2, will the EB3 application still be valid or will that be cancelled?
- any other issues that I am not predicting?
Please help