|Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Immigration > I would like to know if i file for EB-2 eventhough i am waiting for my priority date as an H1B for change in status,what are the requirements that i|
Thank you for your question.
It can be difficult to process a new
In order to proceed with new EB-2 process with the same employer, a new
Whether a new process can qualify under EB-2 depends on the position offered and its requirements, your total education and experience, DOL's view on normal requirements for the position offered etc. That would need to be evaluated on a case by case basis looking at many factors.
If you are looking to join a new company and start a new green card process through them, and initially if you are applying for H-1B extension beyond 6 years under AC21 through the new Employer, it may be prudent to obtain the new H-1B approval through the new company before leaving your current company. One risk in general is that the new H-1B through the new company is denied and you already left your current company. Another risk is that your current company withdraws your approved I-140 before the H-1B through the new company is approved, and that could affect your H-1B extension eligibility under AC21. You therefore may want to consider premium processing for the new H-1B filing.
If you have not been able to file 485 paperwork because your priority date is not yet current, you cannot take your current green card paperwork with you to the new company under AC21 and file 485 portability paperwork. You will have to start a new