Legal Question in Immigration Law in New York

Eb3 - eb2

Hi,

My company currently filling GC application for me. Right now I am filling EB3 which will take me around 5-6 yrs to get GC based dates. I am graduating in 2011 for masters degree. So, if I start process for EB3 and latter on I get new position and file EB2, I know, i will loose all the time. But is it OK. Can I withdraw EB3 and start filling new case with EB2 ?? This will not raise any flag or will not disqualify me for EB2 because I am withdrwing EB3 ?

I gretly appreciate your response


Asked on 6/30/09, 12:47 am

1 Answer from Attorneys
Douglas Lightman Lightman Law Firm LLC

Re: Eb3 - eb2

You can start the process under EB-2 at a later date even after you've started the process for EB-3. However, if you were to apply for EB-2 you most likely would not be able to use the same position your employer is currently offering you under EB-3 since an EB-2 position requires the need for an employee with either a master's degree or a bachelor's and 5+ years of progressive experience.

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Answered on 6/30/09, 10:35 am


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