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EB2>EB3: Leave approved EB2 based 140 Job for better job but EB3 sponsoring firm

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  • EB2>EB3: Leave approved EB2 based 140 Job for better job but EB3 sponsoring firm

    Hi,

    I'd really appreciate any advice on my immigration related issue.

    I am expecting my 140 approval date on an EB2 level application through my current employer (Firm A) in May 2012. I have three Masters Degrees in Engineering (two MS) and Management (MBA) along with 5.5 years of experience in US (all in same field). I have another offer with significantly better prospects and I am very interested to join. The expected start date with new Firm (Firm B) is August 2012 and I'll have 14 months left on my H1B around that time. I have following specific questions in this regarding the employer switch:

    a) The new firm (Firm B) is likely to suggest new 140 and labor filing for transition, but in EB3 category. Is it possible for them to apply for EB3 after an approved 140 on EB2?

    b) Since most new MBA hires join a specific position (where they usually sponsor under EB3), do you think that I have any chances of negotiating an EB2 filing? On what basis?

    c) Is it reasonable to ask for a written confirmation of filing on EB2 before leaving my current job? Do big firms usually give written confirmations?

    Sincerely,

    Ajay
    Last edited by ajayparas123; 11-27-2012, 01:23 AM.

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