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EB 3 to EB 2- potential new job

Discussion in 'College and University Staff' started by arewethereyet, Feb 29, 2012.

  1. arewethereyet

    arewethereyet Junior Member

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    Hi,
    I am currently working for a state university with an EB3 priority date of March 2009. There is a chance that I might be getting a new job in a different department within the next few months. The new position requires MS (which I have). The new position is more than 50% different from the current one. I have the following questions:
    1) Will I qualify for Eb2? And if so, can my PD of 3/2009 be used for the EB2 filing?
    2) The new department will be posting this job on the website, interviewing candidates etc as normal university procedure, will they need to re-do these steps when they file for my I-140? Or does the first advertising/posting count toward the PERM requirement?

    Thank you for your time.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: EB 3 to EB 2- potential new job

    If the job requires an advanced degree, then you qualify on the basis of your master's. If the department is going to sponsor you, they can save a lot of money by combining the PERM recruiting with their other recruiting.
     
  3. arewethereyet

    arewethereyet Junior Member

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    Re: EB 3 to EB 2- potential new job

    Ron, thank you for your response. I am currently past my 7th year H1-B extension (based on approved I-140).They will have to do an H1 transfer with new LCA etc as well. I had a few more questions:
    1) Usually in an H1 transfer case, how long is the new H1 valid for? 3 yrs or 1 yr?
    2) Do they have to start PERM for EB2 immediately? Is there a waiting period?
    3) Also, at what point can I start working for them? Can it be done after the H1B receipt notice arrives?

    Thanks again.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: EB 3 to EB 2- potential new job

    With any H1B, the length of time given depends entirely on how well the employer can justify the interval requested. For in-house positions, three years is the norm. For third party placement, it all depends on the length of the contract or the employer's ability to prove likely continued employment.

    There is no mandatory "waiting period" between the time you are offered a job and the time the employer begins working on the PERM. They may start before you begin work or after.

    The AC21 legislation provides that you may begin working when your petition is on file with the USCIS.
     
  5. arewethereyet

    arewethereyet Junior Member

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    Re: EB 3 to EB 2- potential new job

    Hi Ron,
    Thank you for all your advice. The employer is now saying that they are unable to use "M.S. required" in the job posting and will say "M.S" preferred." The posting will not specify BS + 5 yrs experience either. In such circumstances, is filing under an EB2 even possible? Thanks again.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: EB 3 to EB 2- potential new job

    In my opinion, it is not possible. The USCIS has been unreasonably strict in this regard.
     
  7. arewethereyet

    arewethereyet Junior Member

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    Re: EB 3 to EB 2- potential new job

    Ron,
    Thanks for the information. I really appreciate all your advice. Looks like EB2 is not going to be an option given the employers current mood. If I dont swtich jobs, and remain in my research position filing in the EB-1 outstanding researcher category might become an option. I have an MS and 9 years of research, management and administration experience. I also have experience training students. Does not having a Phd make it impossible to get approval in this category? Also, my published works list is not that long, but I can work on that in the next year and get a decent number in. Testimonial letters from supervisors and recognized researchers in the field etc will also not be an issue. What do you think? Thanks.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: EB 3 to EB 2- potential new job

    I have filed successful EB1 OR petitions for individuals with master's degrees. It all depends on your other qualifications.
     
  9. arewethereyet

    arewethereyet Junior Member

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    Re: EB 3 to EB 2- potential new job

    I would like to talk with you with specific details about my qualifications etc. Is it possible to schedule a consultation?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: EB 3 to EB 2- potential new job

    Sure. Call the office and set up a mutually convenient time.
     

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