Legal Question in Immigration Law in Louisiana

i am working as a marketing manager. My I-140 is filed on EB3 categoire, Labor priority date is Jan 2004. Now another company is offered a job, and they will file I-140 on EB-2 categoire. They said when filing I-140 , we can use old labor priority date which is Jan 2004.

My question is, Job title Marketing Manager is it suitable for EB-2 ?

When we use old labor priority date in new EB-2 process, if any problem occurs that will effects on old green card processing?


Asked on 2/23/11, 6:24 am

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

The job title of Marketing Manager is EB2 caliber if the position is properly described as requiring either a relevant U.S. Master's degree (or equivalent), or relevant four-year U.S. bachelor's (or equivalent) and 5 years of employment experience. This is a complex issue and you should retain an attorney (our law firm contact information is below).

The earlier priority date will be retained with the new EB2 filing. The current EB3 case continues to be valid if the sponsoring employer does not revoke the I-140, and if you plan for "permanent" employment with the same employer, so if there is a problem with the EB2 case the existing EB3 case will not be jeopardized.

General information is here: www.h1b1.com/employmentbased.htm

Please call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.

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Answered on 2/23/11, 7:27 am


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