Frequently Asked Questions - EB3 Green Card

Downgrading from EB-2 to EB-3

Watch the Video on this FAQ: Downgrading from EB-2 to EB-3

Video Transcript

I see no problem applying for EB-3 and then using whichever one is faster when the time comes. More...



Downgrading a Case from EB-2 to EB-3 for Priority Date Advantage
EB-2 Approved - Applying for EB-3
How Can I Downgrade from EB-2 to EB-3 and Consequences
Can EB-2 Approved File For EB-3
Can a Green Card be Started on F-1 Status?
Compelling Circumstances EAD
Administrative Review - EB3

EB-3, whether for nurses or any other worker, requires either 2 years of experience OR a bachelor's degree.

Joining an employer after green card approval
Canadian RN Planning to Migrate To US Through EB-3

There can be no RN green card without an employment in the USA and clearing of the required exams/licenses in the USA. As to EB-2, that would depend upon whether or not the job requires 5 years of experience after Bachelor;'s degree (or a Master's degree).

Getting married when AOS I-485 is pending (following to join and other options)
The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Writ of Mandamus against delay

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

FAQ Transcript:

Writ is simply order of the court or a formal order.

Green card through a future job

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

Changing from EB-3 to EB-2 Category

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

Changing Jobs During Green Card


See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

FAQ Transcript

Obama's Immigration Action - EB-3 Quota

Obama's Immigration Action plan could impact all waiting time for EB categories. We are not clear how far or how quickly. There is no indication that the method counting green cards will be changed to One per family, instead of one for each family member in an employment-based case. President has asked for recommendations for improvement within 120 days. We shall see.

EB-2 or EB-3

Internships do qualify as experience. You need to get your degrees evaluated under AACAO EDGE standards first .

Contacting USCIS when EB-3 is Changed to EB-2
Premium Processing for EB-1-3

USCIS does not anticipate expanding Premium Processing Service to include EB-1-3 multinational executives and managers for the foreseeable future.

Professional Experience for EB-3

Usually, we cannot use the experience gained with the same employer who is applying for the green card, UNLESS the job being offered for green card is more than 50% different than the earlier jobs for that employer.

Restart the green card under EB-2 category

People with over 5 years of exp. after a 4-year degree may be ale to restart the green card under EB-2 category and then port their PD. Basically, you are redoing the PERM and I-140 for an EB-2 level job.

EB-3 to EB-2 with the same employer

You can, if the job offered is more than 50% different than the job you were performing so far with the same employer.

EB-3 category

It is possible, but the green card will have to be started again from PERM.

Job Change after I-140

It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.

EB3 to EB2 Portability

Theoretically, this is possible. As to the practical implications, you must speak with the lawyers who will represent you in the second green card process.

Can EB3 PD be carried to new EB2?

It is logically inconsistent for two jobs from the same company for the same individual. If you have a good, logical, true explanation, there is no law that says you cannot have two PERM apps for the same individual for different jobs with the same company. But you cannot transfer PD until the I-140 is approved. I see no issue with changing jobs right away. You may have just enough time.

Changing to Skilled worker

If the job requires a Bach. degree, you are entitled to the skilled worker/EB-3 category.

My wife filed for Skilled Worker

There is nothing in law that stops you from getting an NIV. But grant of visas like B-1/B-2 is completely discretionary.

EB2 or EB3

Generally speaking, if BS and MS are in the same or similar fields, you should be able to combine them to arrive at a 4-year degree for EB2 purposes. You should have a shot at EB2.

EB3 to EB2 and I-140 Refile

Generally speaking, I see this as a good opportunity to start a new PERM under EB2 and then transfer the priority date. Speak with your lawyers.

EB2 from EB3 qualification

The term "EB" means employment-based. EB-2 is available for people with post graduate degrees (by US standards) OR a 4 years bach. degree with five years of progressively responsible experience. You need to speak with your lawyers about applying for an EB-2 and transferring your priority date.

Watch out - the prioirty date cut off in March was effective immediately

The April 2009 Visa Bulletin was issued on March 9th. The VB said the visa numbers for EB3 were unavailable with immediate effect (Philippines retrogressed to 2003).

This is highly unusual. The visa bulletin is a forecast for the month ahead and does not take effect immediately. But State Department says that this one was of immediate effect.

What does this mean?