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sadhumis
08-26-2010, 07:13 PM
Hi folks,

Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.

Your help is greatly appreciated.

Many thanks in advance

lucha
08-26-2010, 08:57 PM
I have same question. can you do that without moving up ,My lawyer said no, I do not know how to go forward with this. My 2nd question is: My NIW was denied with some conditions , can I file again as I have completed those requirement.

I have master from here and 20 years of experience . please any body help.

snathan
08-26-2010, 10:02 PM
Hi folks,

Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.

Your help is greatly appreciated.

Many thanks in advance

Unfortunately your current job experience can not be used for the GC process. If you want to start the EB2, you need to find job

cleopatra
08-27-2010, 09:08 AM
I think that to move to EB2 with the same employer, it may be possible to count experience from the same employer if the new role you are moving to is atleast 50% different from what you are doing in your current role.

I am not an attorney and so you should consult one about this, though. Can anyone who knows this comment?

amit_sp
08-27-2010, 10:04 AM
Cleopatra is absolutely right. You could use the job experience from your existing employer if your new responsibilities are 50% different than the old one. I have spoken with my company lawyer and he was the one who provided me this info.

snathan
08-27-2010, 11:12 AM
I think that to move to EB2 with the same employer, it may be possible to count experience from the same employer if the new role you are moving to is atleast 50% different from what you are doing in your current role.

I am not an attorney and so you should consult one about this, though. Can anyone who knows this comment?

If the responsibilities is more 50% different, its a new job and not a same job where the EB3 was sponsored.

acecupid
08-27-2010, 11:15 AM
Definitely possible. I know collegues in my company who have done that.

anu_t
08-27-2010, 03:08 PM
The new job role must have a 50% different job duties and if it does have a requirement of EB2 then it is possible.
With the same job role it is not Possible .

frostrated
08-27-2010, 03:18 PM
It is possible if the job description is different. And, you can use your EB3 date, provided your EB3 140 is approved.

sadhumis
08-27-2010, 05:04 PM
frostrated,anu_t,cleopatra,amit_sp all you guys manythanks. I really appreciate your replies.

I will try to raise this point with my lawyer and employer.
My roles and responsibilities have changed over the years and they are completely different now.

Many thanks y'ALL

jjava100
08-27-2010, 05:51 PM
MurthyDotCom : Moving to the Faster Lane - Changing EB3 to EB2 (http://www.murthy.com/news/n_eb3to2.html)

EbImmigrationReference: EB2 Porting (http://ebimmigrationreference.blogspot.com/search/label/EB2%20Porting)

AUG2005GC
08-27-2010, 11:04 PM
Hi folks,

Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.

Your help is greatly appreciated.

Many thanks in advance

its is definitely possible provided your position has new responsibilites preferably management responsibilities in addition to current responsibilites. I applied in EB3 as a programmer and 4 years later with same employer i appied as Project Manager in EB2. I got my date ported and got my GC last month. Hope it helps. Best Luck

forgerator
01-30-2011, 06:47 PM
I am actually doing this right now. See my signature.

veni001
01-30-2011, 08:15 PM
I am actually doing this right now. See my signature.

As long as your employer document all stuff, i.e what happens to current EB3 position etc.. you should be OK, if not, even after i140 approval USCIS can come back and revoke approved i140( for fraud);)

stuckin140
01-31-2011, 10:27 AM
What are the requirements to port from eb3 to eb2 with just an i 140 approved? I am happy with my current employer. I have worked with this company for 5 years now. I have a master's from a well known university in the US. At the time of applying for gc, attorney and company advised to file in eb3.
Thanks.

veni001
01-31-2011, 01:02 PM
What are the requirements to port from eb3 to eb2 with just an i 140 approved? I am happy with my current employer. I have worked with this company for 5 years now. I have a master's from a well known university in the US. At the time of applying for gc, attorney and company advised to file in eb3.
Thanks.

That means your current position qualifies as EB3 only!! If you want to port you need to find a EB2 qualifying job:)

greenguru
01-31-2011, 01:56 PM
Hi ,
Yes, it is possible.