As EB-2 dates are moving along much faster for Indian and Chinese nationals, there appears to be a rush among immigrants (just like 2007, to a smaller extent) for EB-3 candidates (like me) and even others hold H1-B visas in their second three year renewal stage, to file a fresh EB-2 petition. Nothing wrong with that! We have every right to consider our options.

Murthy.com has a good article on this - http://www.murthy.com/news/n_eb3to2.html

But there are several road blocks to get past:

1. The same employer can’t sponsor you for 2 green card petitions for the same role. The roles will have to be at least 50% different.

2. You can’t use experience and time in your current job toward meeting the EB-2 qualification of Bachelors + 5 years progressive experience or Masters + 2 years relevant experience.

I know what you are thinking - SO WHERE’S THE PROBLEM??

But those are just the beginning…there can be a lot more complications based on your situation..

For instance, I’ve moved jobs on AC21. So who’e my green card sponsor? Because if it’s my current employer, then they can’t file a fresh EB-2 for the same job that they already sponsor me for. I beleive my original filing employer would be my sponsor but that’s what I am trying to confirm.

My doubt comes from the fact that when I moved to the new job, I sent USCIS an AC21 letter suggesting that the new job is SAME OR SIMILAR. Now when I make an EB-2 petition suggesting that the job actually requires EB-2 level qualifications, does that contradict the AC-21 claim?

Please reply with comments if you have any information/thoughts/experience in this matter, I’d appreciate it!

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