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EB3 to EB2

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saiseshu

Junior Member
What is the name of your state? VA
Dear Lana,
I work for Company A and has my H1B valid till Nov-06(end of 6 yrs). I got filed my GC from NC in Nov-04 in EB3. What problems will I be facing if I cancel that and re-apply GC in EB2? My second question is can Company A extend my H1 showing company B receipt for 7th year extension as I wont be getting EAD by that time if processed through EB3. Ur help in this matter is appreciated.
Thanx,
Sai
 


ImmigAttyLana

Senior Member
You can only refile for a very short time since PERM is coming at the end of March and you can only do so if you are in fact eligible for EB2 and if the position requires a master's degree as a prerequisite to performing the job duties. As for the retention of the priority date, you will lose it, but since you are not relying on the november 2004 for purposes of 7th year extension, this should not be a big deal as it is just a loss of a few months.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

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