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Can I apply in EB2 when I have 4Yrs 10mon exp before I join the sponsoring employr?

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  • Can I apply in EB2 when I have 4Yrs 10mon exp before I join the sponsoring employr?

    Hello
    I am on H1 visa now,
    my employer agreed to sponsor GC,
    and I have 4Yrs 10Months exp before I join my current employer.
    Because I dont have 5Yrs of work experience (even dont have MS degree), my employer filed the labor in EB3 category, which is in process and not yet approved.
    Can anyone please suggest if I can apply in EB2 category ?

    If yes, do I have to start over the process agin with Labor? or Can I file my I-140 in EB2?
    Your suggestions are much appreciated.

    Thanks
    Sri

  • #2
    There is separate section for Greencard in immihelp. Read the acticle in the below link.
    Green card, permanent resident card, employment based green card, family based green card, marriage based green card, adjustment of status, consular processing, advance parole, employment authorization card, ead, renew green card, repalce green card, retain green card, re-entry permit, transportation letter, returning resident visa


    If you wnat to go for EB2, then the entire process need to be restarted right from scratch. However, if you laready have an approved I-140, then the priority date from the previous labor can be recaptured while filing I-485 under EB2.
    Not a legal advice. Use of this information is strictly at your own risk.

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