EB3 to EB2 - Same Employer

[vasudev316]

Hi,

I will provide my scenario first:

My Education:

B.Sc., Geology - 3 years - India
M.Sc., Applied Geology - 2 years - India
M.Tech., Remote Sensing – 1 and 1/2 years – India

P.S: These degrees are not related to IT field and it has continuous education.

My Experience:

Aug 2002 to Jan 2008 – Different employers in India
Feb 2008 to June 2010 – Different employer in USA
July 2010 to present – Current employer

Approved I-140 from EB3 category with my Current employer.
My priority date is July 27, 2011.

Questions:
1. Can you please tell me when my priority date will become current? I don’t have much knowledge to see in visa bulletin.
2. Do I need to wait till it become current or Can I start some progress in anything?
3. Am I eligible to do EB2 category?
4. Can I start doing new Labor, PERM in EB2 category?
5. In that case, do I need to show different Job description in EB2 OR same as EB3?
6. For example, In case EB2 get any query, is that safe to continue with EB3 category? Is there any conflict will come?
7. Can I do both my EB3 and EB2 category with same employer (current)?

To be clear I was not working in IT related field till before Jan 2008 and right now working in IT related project since Feb 2008.

I am in position to take risk by money wise to start my EB2 category. Can you please give me the very correct answer for this? It will be really appreciated.

Thanks in Advance.
Vasu

[DMX17]

Search the forum or my replies under this section. I am sure some of your questions have been answered.

[zoom123]

Hi,

I will provide my scenario first:

My Education:

B.Sc., Geology - 3 years - India
M.Sc., Applied Geology - 2 years - India
M.Tech., Remote Sensing – 1 and 1/2 years – India

P.S: These degrees are not related to IT field and it has continuous education.

My Experience:

Aug 2002 to Jan 2008 – Different employers in India
Feb 2008 to June 2010 – Different employer in USA
July 2010 to present – Current employer

Approved I-140 from EB3 category with my Current employer.
My priority date is July 27, 2011.

Questions:
1. Can you please tell me when my priority date will become current? I don’t have much knowledge to see in visa bulletin.
2. Do I need to wait till it become current or Can I start some progress in anything?
3. Am I eligible to do EB2 category?
4. Can I start doing new Labor, PERM in EB2 category?
5. In that case, do I need to show different Job description in EB2 OR same as EB3?
6. For example, In case EB2 get any query, is that safe to continue with EB3 category? Is there any conflict will come?
7. Can I do both my EB3 and EB2 category with same employer (current)?

To be clear I was not working in IT related field till before Jan 2008 and right now working in IT related project since Feb 2008.

I am in position to take risk by money wise to start my EB2 category. Can you please give me the very correct answer for this? It will be really appreciated.

Thanks in Advance.
Vasu

1. For EB3 according to October 2012 visa bulletin the current priority date is 10/15/2012 for INDIA
- For EB2 it is 09/01/2004
2. You have to wait until the dates become current. (Till then you can extend your H1)
3. Yes you can start the process for EB2. (Filled for Labor, then apply for I-140, after I-140 approval you can transfer the priority date of your EB3 to EB2.
4. YES
5. You can show the same job description ( Please read the EB2 requirements- (You already have Master degree +Experience)
6. If you gets query you must respond. You don't gets the query, your employer gets. ( If he have a attorney then he must take care of any outcome)
7. NO, you have to keep only one which good for you and your employer. ( How come a company sponsor your GC in two categories?)

[vasudev316]

1. For EB3 according to October 2012 visa bulletin the current priority date is 10/15/2012 for INDIA
- For EB2 it is 09/01/2004
2. You have to wait until the dates become current. (Till then you can extend your H1)
3. Yes you can start the process for EB2. (Filled for Labor, then apply for I-140, after I-140 approval you can transfer the priority date of your EB3 to EB2.
4. YES
5. You can show the same job description ( Please read the EB2 requirements- (You already have Master degree +Experience)
6. If you gets query you must respond. You don't gets the query, your employer gets. ( If he have a attorney then he must take care of any outcome)
7. NO, you have to keep only one which good for you and your employer. ( How come a company sponsor your GC in two categories?)

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Thank you Senior member zoom123.

Your first answer confusing me with the dates, can u please check the dates which u have mentioned correctly.

Also, in my question number 7, R u sure we can't do with same employer? when I spoke to my employer and the attroney, they said can able to do it. In case if I do, what problem will come?

Thank you again, looking forward to see ur reply.

Vasu