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 Eb3 to EB2 for Nurse Practitioner
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Posted on 03-05-12 2:10 AM     Reply [Subscribe]
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 Hi guys, 
Looking at all these  immigration conversations, I am hopeful that I might get answers to my questions too. 

The hospital I have worked as Registered Nurse with 4 yr Bachelor's degree had applied for my green card as EB3 back in July of 2007. My I-140 is already apporved and my I-485, which is adjustment of status, is currently pending. However, I graduated with my MSN in Family Nurse Practitioner degree in May 2010 and wanting to go for EB2. As you can see my EB3 is taking awfully too long and I am not sure when I will get my green card. I have been checkind visa bulletin and the current date is for Feb of 2006. I do have some potential employers that would give me a job but the question they ask is what they need to do and how much time and money would it cost them. I talked to a immigration lawyer who basically seemed wanted my money and not so experienced also. It is quite frustrating not to find a good answer. Any help would be highly appreciated. Please do not hesitate to drop long answers if you know one or have heard from similar situations somewhere.  Thanks in advance.

So, my question is: 
1. What is the procedure to go from EB3 to EB2?
2. How long will it take to process and get the green card, and if it is really worth the trouble?
3. What are the requirements that employers need to fulfill and what do they need to do?
4. What am I supposed to do to make the procedure smooth?
5. How much is the estimated cost to the employer?

Last edited: 05-Mar-12 02:32 AM

Posted on 03-05-12 2:45 PM     [Snapshot: 153]     Reply [Subscribe]
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you can use you old priority date from your previously approved 140. it will make your case faster. but not sure as you have a pending i-485. i dont know your situation, but dont you file 485 once your date is current. also if you have your 1-485 pending for more than 180 days you can invoke AC-21,and  you can switch employer and still continue with the green card process provided that you are in similar job as your labor was filed.

or you can start filing a new labor for EB-2 category, but the thing is that if you file for the same position(and same company) it will be hard to prove that the job requires a masters degree during 140 stage as USCIS may ask you how come the same job requires a master's degree now.

These are my opinions and I am not a lawyer. you should better consult a lawyer. My lawyer were a great but they are in Massachusetts. Very experienced but a little bit expensive. 
Posted on 03-05-12 3:45 PM     [Snapshot: 199]     Reply [Subscribe]
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 Grad_School is right as per my experience too.... and can you give contacts of the good lawyers u talkin abt in Massachusetts...thanks 
Posted on 03-05-12 9:12 PM     [Snapshot: 312]     Reply [Subscribe]
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 Thanks grad_school. What about other questions on what prospective employers have to do and all that? Do you know anything about them?

Posted on 03-07-12 4:26 PM     [Snapshot: 436]     Reply [Subscribe]
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 Hello Sleek,
I think you'll find your answer here.

Guchcha Chor

Posted on 03-07-12 4:53 PM     [Snapshot: 448]     Reply [Subscribe]
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I recently consulted a Murthy.com associate attorney for $150 for 20 mins. It was well worth it and I got the official version of my options available. I would advise the same for others who want to be sure about their options.

In your case, EB3 to EB2 upgrade process is easier if you're switching from one company to the other. You essentially get a new job where the job requirements are for a Masters or a 5+ yr experienced person.. In your current job, it is typically easier to convert to eb2 when you get a promotion ; because then you can prove that the job requirement is that for a more skilled person. Just because one gets their masters, doesn't entitle them to an EB2 because that is determined by the job which one is doing and not by their qualification. So if you have filed for a Eb3 in your current job, it will be difficult to file an EB2 again for the same job unless you show that your job has changed by 50+% ( typically a promotion helps ).

Again - i'm pretty sure you'll get all this info from us and the internet, but a short call with a reputed lawyer is much needed before you more forward.
Posted on 03-08-12 12:33 AM     [Snapshot: 532]     Reply [Subscribe]
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 bikster is right. There are few points which i want to add on his point.
Just because you have the master degree, that doesn't qualify you to file EB2. Your job deion should specically show that the job needs either master degree experience or Bachelor +5 years of experience. Before filing labor, your employer must get prevailing wage determination from labor department. Prevailing wage which is depedent on state and city. It is generally 90K to 110K these days. What that number mean is after you get the greencard, your employer must pay the salary.

Sleek, as you are a NP. I am not sure how much you are getting in your pay check or your base salary. But as per my knowledge Nurses generally get less hourly rate but they get huge over time hours. I am not sure how you put overtime hours as base salary. 
Also as said by previous sajha members, when you port from eb3 to eb2, the job deion must be changed atleast 50% in the labor otherwise labor department will raise question to your employer.

Posted on 03-10-12 11:43 PM     [Snapshot: 624]     Reply [Subscribe]
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Thanks Guchcha Chor, Bikster and PC guy for great input. Thanks Guchcha chor for the link as it was very informative. 

More information are still welcome and feel free to share your experiences so that we can learn from yours and also don't forget to mention what kind of mistakes not to make while undertaking the processing. Thanks again

Posted on 06-18-15 11:52 PM     [Snapshot: 2895]     Reply [Subscribe]
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Posted on 06-19-15 9:10 AM     [Snapshot: 3045]     Reply [Subscribe]
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If you are in DFW ,tx, check Azhar and Azhar . I am very satisfied with his service. They are in radio show every Wednesday evening you can call and ask your question too.

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