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rajenk
07-08-2010, 02:21 PM
Hello Guys,

My current employer B has applied for labor and it got approved last month. I am planning to do the following.

1. File I-140 under EB2 (the job is qualified for EB2 as per my attorney) with PD port of 30 Nov 2005 from my EB3 approved I-140 from employer A.

2. Once the new I-140 approved then interfile to my pending I-485.

With the current trend EB2-I as predicted will be in March or April 2006 by end of this FY. Also checked the processing time of I-140 at NSC which it says 4 months (This is not guaranteed).

Now the questions:

1. Should I use premium processing for I-140 to take advantage of the closer or even current EB2-I PD condition?

2. How quick the interfile cases are picked up for processing and adjudicated.

FYI:
I think my current I-485 is pre-approved. I did send documentation to USCIS informing that I moved to a different job using AC21 portability.

Appreciate your response to help me decide on I-140 processing method.

Thanks,
Raj:)

sammas
07-08-2010, 02:36 PM
If I were you, I will not go for premium processing of I140. The 485 file will only be picked when dates are current for that PD. USCIS can preadjudicate 485 and keep it aside on the shelf for visa availability.

Hope this helps!!

Below are some links related to Interfiling from EB3 to EB2. Please go through them carefully.
MurthyDotCom : Moving to the Faster Lane - Changing EB3 to EB2 (http://www.murthy.com/news/n_eb3to2.html)
Interfiling from EB3 to EB2 (http://www.immigration-information.com/forums/i-140-job-portability/7573-interfiling-from-eb3-to-eb2.html)
ImmInfo Newsletter: Case Study - Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)

rajenk
07-08-2010, 03:06 PM
Thanks for the very informative links.

gk_2000
07-08-2010, 07:37 PM
Go for it. You have little to lose and everything to gain IMHO

rajenk
07-09-2010, 08:49 PM
Thanks.

I heard the porting of PD from EB3 to EB2 is not that complex . I have heard the same from Attorney Sheela Murthy.

Yes I am qualified for EB2 as well, I have masters and 10+ years of experience. Previously I got classified as EB3 because the Job requirements did not meet EB2. Hopefully this time every thing should work out fine.

Either way works as long as you can afford it ($). I-485 will be picked up only if PD is current that the correct time. However, when porting from EB3 to EB2, there are bound to be delays, RFE's, etc.

I see that your attorney has said that the job is qualified for EB2, but the question is: Are you qualified for EB2? If not, you are just complicating your case and raising flags in your immigration file. ;)

pmpforgc
07-09-2010, 10:31 PM
I dont know the details of your case.

But if you dont have any complications and going for premium does not get any red falg. I will always go for premium, without worrying for money.

I personally expreinced one time that going for premium is always better. Delay can always be dangerous.

dineshkb
10-08-2010, 01:31 PM
I applied for premium processing due to some complications in filing process (USCIS accidentally mailed back all the supporting documents for I140 along with concurrently (but erroneously filled) filed I485 documents). It was in EB1B category and I did not want to wait too long. My lawyer has been advising other clients (my friends, in same category) because she is concerned that it is more likely to get RFE on premium requests since USCIS have to act fast and if they cannot catch up, they will issue RFE. On the other hand, after RFE is responded to, they have to make decision again within a month. Not a lot of data to back it up, although my case got approved within 15 days.

garybanz
10-08-2010, 06:13 PM
Go for it, don't fall for the scare tactics of employers and immigration lawyers.



Hello Guys,

My current employer B has applied for labor and it got approved last month. I am planning to do the following.

1. File I-140 under EB2 (the job is qualified for EB2 as per my attorney) with PD port of 30 Nov 2005 from my EB3 approved I-140 from employer A.

2. Once the new I-140 approved then interfile to my pending I-485.

With the current trend EB2-I as predicted will be in March or April 2006 by end of this FY. Also checked the processing time of I-140 at NSC which it says 4 months (This is not guaranteed).

Now the questions:

1. Should I use premium processing for I-140 to take advantage of the closer or even current EB2-I PD condition?

2. How quick the interfile cases are picked up for processing and adjudicated.

FYI:
I think my current I-485 is pre-approved. I did send documentation to USCIS informing that I moved to a different job using AC21 portability.

Appreciate your response to help me decide on I-140 processing method.

Thanks,
Raj:)