Immigration Site

Hi,

I already got my PERM and I-140 approved by my current employer. I found another employee who is willing to sponsor me on EB-2. I have a few questions before I make my decision. Appreciate if you could help me out in clearing my doubts.

1. Whats the minimum requirement for EB-2 category? Is it an MS or BS + 5 years?

2. When I transfer my H1 to the 2nd company, will my current H1 becomes invalid? For instance, in case if something goes wrong during any of the Labor or I-140, can I go back to the first company and start working for them without having to apply for a new H1?

3. During the transfer what would happen to my current I-140 and labor. If the scenario specified in the 2nd question happen, will I have to apply for PERM and I-140 all over again with the first company?

4. Is there a restriction in have more than 1 active H1s at a given time. In case, if transfer and start getting paid (paystubs) from the 2nd company, will my H1 with the current company get invalidated?

5. Will I-140 application have problems, if the 2nd company apply for my I-140 and I-485 concurrently, (if my priority dates are current) along with my H1 transfer itself?

6. Which of the following is considered is considered as my title during the I-140 stage. In the PERM application there are 2 sections specifying job titles. Section F (Prevailing Wage information) and Section H (Job Opportunity Information). Out of these, which title is considered by USCIS during the I-140 evaluation. For instance, if the advertisement specifies a job title "xyz" and if "xyz" is appearing in the section H, is that going to be considered as my title?

I am really grateful, if you can answer these questions as this would clear some significant doubts on this matter.

Thanks
Mint

Know your options and sort things out....

8 CFR § 204.5 Petitions for employment-based immigrants.

(d) Priority date. The priority date of any petition filed for classification under section 203(b) of the Act which is accompanied by an individual labor certification from the Department of Labor shall be the date the request for certification was accepted for processing by any office within the employment service system of the Department of Labor. The priority date of any petition filed for classification under section 203(b) of the Act which is accompanied by an application for Schedule A designation or with evidence that the aliens occupation is a shortage occupation within the Department of Labors Labor Market Information Pilot Program shall be the date the completed, signed petition (including all initial evidence and the correct fee) is properly filed with the Service. The priority date of a petition filed for classification as a special immigrant under section 203(b)(4) of the Act shall be the date the completed, signed petition (including all initial evidence and the correct fee) is properly filed with the Service. The priority date of an alien who filed for classification as a special immigrant prior to October 1, 1991, and who is the beneficiary of an approved I–360 petition after October 1, 1991, shall be the date the alien applied for an immigrant visa or adjustment of status. In the case of a special immigrant alien who applied for adjustment before October 1, 1991, Form I–360 may be accepted and adjudicated at a Service District Office or sub-office.

(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

Thanks a lot BigJoe5. Really appreciate that.

Itll be great if you somebody else can shed some light on my questions 2, 3 and 4.

Thanks
Mint