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EB-2 Approved - Applying for EB-3

6 years ago By Chief Editor

Question details

I applied for EB3 in 2011 and port to EB2, now EB3 dates are moving forward and if it reach to my priority date am I still eligible for EB3 as I initially applied for or do I need to downgrade to EB3. Will there be any questions raised?

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FAQ Transcript

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Jan 10, 2019 Recording of Free Community Conference Call (Every Other Thursday)

6 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 10 January 2019:

FAQ: The logistics of porting a priority date, how to? ||Consequences of and logistical problems in dealing with criminal arrests or convictions in immigration cases||What to do when the 240 days H-1B work authorization is expiring?||Downgrading a case from EB2 to EB3 for priority date advantage||

Other: How to calculate H-1B time while the case is pending ||Successor in interest cases ||Transferring family-based cases ||Converting pending H-1B cases to premium ||H-1B visa stamping problems ||CSPA issues while the I 140 is pending||Filing an appeal against H-1B denial ||Effect on employment-based green card of relocation or moving abroad || REmoval of condition on green card through marriage

Downgrading a Case from EB-2 to EB-3 for Priority Date Advantage

6 years ago By Chief Editor

Question details

I am with my current Employer since 2008. My GC is filled in EB2 with Aug-2010 Priority Date. Only I-140 is approved so far.<br>
1) Can my employer file me under EB-3 concurrently without affecting my existing EB-2 filling?<br>
2) If yes then what is the procedure for that? Do I have to do my labor and I-140 once again?

Watch the Video on this FAQ:

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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Jan 24, 2019, Recording of Free Community Conference Call (Every Other Thursday)

6 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 24 January 2019:

FAQ: Green Card portability for EB-1C international managers or executives||What is the advantage of EB2 over EB3 category?|| Difference between final action dates for employment-based preference cases b. Dates for filing of employment-based visa applications ||

Other: Consequences of moving locations for H-1B and green card cases ||Green card through marriage||H-1B approval beyond six years based upon I-140 approval of another employer||Defining same or similar job for AC 21 portability||Cross chargeability||Converting from EB-2 to EB-3 ||Doing business on H-1B ||Changing employers from nonprofit to for-profit ||Rejoining an old job after a denial of an H-1B transfer||Difference between AC 21 portability and 240 days regulation to continue working on H-1B ||When is a Supplement J required?

Guestbook Entry for SOTIRIS TSITSIOS, Greece

14 years ago By Anonymous (not verified)

Name

SOTIRIS TSITSIOS

Country

Greece

Comment

Hi i am from Greece i had a telephone conversation with Mr Khanna about EB1 and EB2 and NIW he was very helpful explaining to me that applications for the above are quite difficult for sb that has only a masters degree hence under his guidance i decided to do an MBA and later with his help to get H1B and apply for the green card. thanks , sotiris

Guestbook Entry for Tarak Bharani, United States

14 years ago By Anonymous (not verified)

Name

Tarak Bharani

Country

United States

State

Comment

Hi All, Rajiv has been a great help to me in understanding the H-1B/Green process as well as answering all my queries at NO CHARGE when I am not even an existing client of Rajiv. I am going to do all my future visa processing through his firm. He has tremendous experience and has all the knowledge about Immigration Law. I will recommend Rajiv to all to take up his services and work with him. Tarak

Green Card Expenses

14 years ago By Chief Editor

Question details

For an employment-based green card application in the EB2 category, my employer has said that they would be willing to make the application if I am willing to pay for it. Can the employee bear the total cost of the entire process -- including attorney's processing fees, filing fees for all stages, advertising fees, EAD, advance parole fees -- from start to final stamping?

The employer is bound by law to pay for all expenses, including legal fees, associated with the PERM process (but not the rest of the green card process).

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Switching Jobs after I-140 approval

14 years ago By Chief Editor

Question details

I-140 App Aug 8th 08, EB2 Priority Date Mar 7th 08, H-1 In 8th Year, expiring May 12,

1.If I move to a new company (B), can I still keep my Priority Date which I have from my current company (A)?

2.Can the current company (A) withdraw my application in such a way that I loose my priority date?

1. You can keep the PD only as long as the sponsoring employer does not revoke your I-140, go out of business and USCIS does not revoke the I-140 OR, USCIS does not revoke the I-140 for fraud.

2. No.

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Guestbook Entry for Ishtmeet Singh, United States

14 years ago By Anonymous (not verified)

Name

Ishtmeet Singh

Country

United States

State

Oregon

Comment

Mr. Khanna has sound judgement and deep knowlege about US Immigration laws. He gave me an honest and straightforward answer everytime I've had a complex situation in the past ten years on a range of issues from F1 to H1 to GC. The staff at Mr. Khanna's office is awesome too. They are very efficient and have good templates for most forms.

EB-2 Visa Number Availability Update

13 years ago By Editor

The U.S. Department of State's Immigrant Visa Control and Reporting Division, has confirmed a dramatic reduction in the use of EB-1 immigrant visa numbers and the resulting favorable effect on the EB-2 category for immigrant visas chargeable to India.

DOS advised that demand for visa numbers in the EB1 category has declined significantly. Thus, approximately 12,000 unused EB1 numbers will be available to shift downward to the EB2 category, starting in May 2011.

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