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Hello,

I am a Civil Engineer (BS and MS in Civil Engg.) currently working for Comp "A" in Anaheim, CA. My I-140 with "A" was approved in EB3 category with Priority Date January 12, 2011.  Due to lack of billable work in our Anaheim office, they have asked me to work at one of our client's office for few months. So, I am working at one of our client offices inspecting civil engineering plans and issuing permits. The client office have shown interest in hiring me full time and sponsor my visa and green card, but this position is really a civil engineering tech not a civil engineer position. 
 
I have explained them about H1 and Green card process. I told them H1 transfer may not be an issue since some engineering tech positions require a bachelor degree in civil enff. but green card may be an issue using this position (I would like to port to EB2)  but told them it could also be possible. So, please can anyone tell me if I can accept this position and process my h1 and green card?
Also, I am taking my professional engineering (PE) exam in October 2013 and if I pass the test (results come out in December 2013) I will be licensed as a civil engineer in CA (result - pay raise, diff. job title) and they told me they are willing to change the position, salary, job requirements at that time so even the green card application from EB3 to EB2 may not become an issue.
 
Can someone tel me if this is feasible. My main objective is 1) H1 transfer with engg. tech position and wait till I get my PE license and 2) To port to EB2 after the client changes job description and salary and process PERM application etc  so I do not have wait a lot of years to get the permanent resident card.
Thanks,
PK
in H1B Visa by (120 points)

1 Answer

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It is absolutely fine. The new job duties and the EB2 has nothing to do with the EB3 job duties, its only the Priority Date that will be used NOT the Job Duties.
by (3.1k points)



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