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gnanap
04-01-2011, 11:44 AM
Hi All,
I am planning to port my eb3 to eb2 application.

Unfortunately I (having bachelor degree with 16 yrs education) was NOT having 5 yrs of experience (fell short 3 months) before joining the current employer so we had to filed it in EB3.

Currently I have gained 7 yrs of experience in the current employer. With total 12 yrs of experience, is it possible to file my Labor/GC application in EB 2 in different role/title (may be manager or something different) with the same employer (by using the experience gained in the current employer). My employer has promised me that he will provide any support (paper work) required this.

Please advice me if this is going to work or NOT.

I have seen the following thread where someone has ported eb3 to EB2 with same employer by putting the experience in the current employer.

http://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/1954521-eb3-eb2-porting-140-approved-same-employer.html

Please let me know.
Thanks!
Prakash

Robert Kumar
04-01-2011, 11:48 AM
To my observation and understanding, there is a lots of risk in a case like this, with same employer including very high chance for audits, as I realized this from the other thread about 1-2 months back. New employer may be ok, but with same, there seems to be lots of headache as my employer also said, and is not doing it.
Sorry, I wish I could be more positive, but its purely based on informations from lawyers and threads here.

Sachin_Stock
04-01-2011, 12:01 PM
Hi All,
I am planning to port my eb3 to eb2 application.

Unfortunately I (having bachelor degree with 16 yrs education) was NOT having 5 yrs of experience (fell short 3 months) before joining the current employer so we had to filed it in EB3.

Currently I have gained 7 yrs of experience in the current employer. With total 12 yrs of experience, is it possible to file my Labor/GC application in EB 2 in different role/title (may be manager or something different) with the same employer (by using the experience gained in the current employer). My employer has promised me that he will provide any support (paper work) required this.

Please advice me if this is going to work or NOT.

I have seen the following thread where someone has ported eb3 to EB2 with same employer by putting the experience in the current employer.

http://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/1954521-eb3-eb2-porting-140-approved-same-employer.html

Please let me know.
Thanks!
Prakash


There's plentiful of similar cases and they all are greened. As a matter of fact, that's the ONLY way out for EB-3 folks to end their suffering.

Sachin_Stock
04-01-2011, 12:04 PM
Unfortunately it seems like EB2 is no go for you...

1. Same employer
2. From your information...the job requirement is not genuine.

If you file for EB2 and if there is an audit, you will also lose your EB3. Go for EB2 if you are ready to lose your EB3 as well in case of audit.

Misinformation campaign at its best :)

BTW, there are no audit process in EB-2 stage i.e at I-140. EB-3 case is unaffected, and a beneficiary is entitled to hold multiple I-140s.

Sachin_Stock
04-01-2011, 12:13 PM
Its not about multiple I-140s...its about the same employer and what has happened to the EB3 job as it was sold as a permanent job. If the person who recruited for that EB3 is moving to a new EB2...anyone has been recruited for the original EB3 permanent job or opened for other eligible candidate?. If not, was it a false informtion and amount to immigration fraud...?

More likely the EB2- I140 will go for audit...and this information is gathered from attorneys.

That's a VERY typical argument for those who oppose porting.

Do you realize that there's NO difference between a person changing from company A to company B (with different position), vs person changing a job position X to Y in same company?

And what exactly do you mean by EB-3 job being sold as permanent job? Where do you get this funny phrase from?

snathan
04-01-2011, 12:19 PM
That's a VERY typical argument for those who oppose porting.

Do you realize that there's NO difference between a person changing from company A to company B (with different position), vs person changing a job position X to Y in same company?

And what exactly do you mean by EB-3 job being sold as permanent job? Where do you get this funny phrase from?

I am not opposing porting in anyway...again one is free to chose whats appropriate for them. If you do not understand the funny pharse google the meaning and requirement of GC process...

GC and porting should be based on the Job and employer requirement and not based on the employee’s requirement. There is no category in GC for sympathy

Sachin_Stock
04-01-2011, 12:29 PM
I am not opposing porting in anyway...again one is free to chose whats appropriate for them. If you do not understand the funny pharse google the meaning and requirement of GC process...

Oh don't you worry about that. If they CAN, they WILL. Simple as that. Throwing all those funny jargons completely devoid of legal terminology, and legal backing, is not going to solve your sole purpose here, which is to deter or dampen the spirit of porting.

GC and porting should be based on the Job and employer requirement and not based on the employee’s requirement. There is no category in GC for sympathy

And who disputes that? The question of thread starter was simple. If porting is allowed in same company, to which I replied yes. Please refer Yates Memo before you make any suggestions.

snathan
04-01-2011, 12:33 PM
Oh don't you worry about that. If they CAN, they WILL. Simple as that. Throwing all those funny jargons completely devoid of legal terminology, and legal backing, is not going to solve your sole purpose here, which is to deter or dampen the spirit of porting.



And who disputes that? The question of thread starter was simple. If porting is allowed in same company, to which I replied yes. Please refer Yates Memo before you make any suggestions.

One does not need sprit to Port...all they need is a genuine job requirement.

If you are looking to pick up fight..good luck with that. I am not saying one can not port with the same employer...all I am saying - There is risk involved. If you dont understand that read the post again and again until you understand. May be if you are in week end mood, come back Monday and read it.

Sachin_Stock
04-01-2011, 12:38 PM
If you are looking to pick up fight..good luck with that. I am not saying one can not port with the same employer...all I am saying - There is risk involved. If you dont understand that read the post again and again until you understand. May be if you are in week end mood, come back Monday and read it.

Sorry, if I sounded that way. There's no risk involved. You need to be very clear on what sort of risk you are talking about.

Your argument was that the EB-3 position being 'sold' was wrong. Please provide sources if you can. If an EB-3 position existed years ago, and if the beneficiary choses to go for another Eb-2 position, that doesn't mean that it voided the earlier one. Statement fallacy. Even a new labor is invalid after 6 months.

snathan
04-01-2011, 12:45 PM
Sorry, if I sounded that way. There's no risk involved. You need to be very clear on what sort of risk you are talking about.

Your argument was that the EB-3 position being 'sold' was wrong. Please provide sources if you can. If an EB-3 position existed years ago, and if the beneficiary choses to go for another Eb-2 position, that doesn't mean that it voided the earlier one. Statement fallacy. Even a new labor is invalid after 6 months.

There was another thread which discussed about this very much and there was a link to the blog posted by someone. I also have checked about the auditing with reliable source who has very good contact with top attorneys’. The answer is - the chances for auditing are very high if you are doing with the same employer.

Couple of years back if you have done the porting, there was no questions asked. But now there is lot of chances for auditing if you are porting with the same employer - .

I don’t have anything personally against porting as long as there is no fraud involved.



I will post the link to that blog when I get time as I need to search that.

Robert Kumar
04-01-2011, 12:48 PM
Porting is a big decision with same or different employer. I have checked with one of the top three law firms, and in cases we do with same employer, with that 50% job responsibilites change situaiton, the attorney said INS looks at it as mostly not genuine, and needs lots of documentation, and as snathan said, other justifications may be needed.
You dont have to agree with him or me.
Just go and check with some reputed lawyer and please post us your finds. Its possible we may be wrong, and I really wish so. I am also in the same boat as you are and I'm failing to convince my employer.
See my posts. Even I tried hard, but no light..

Sachin_Stock
04-01-2011, 12:48 PM
There was another thread which discussed about this very much and there was a link to the blog posted by someone. I also have checked about the auditing with reliable source who has very good contact with top attorneys’. The answer is - the chances for auditing are very high if you are doing with the same employer.

Couple of years back if you have done the porting, there was no questions asked. But there is lot of chances for auditing if you are porting with the same employer.

I don’t have anything personally against porting as long as there is no fraud involved.



I will post the link to that blog when I get time as I need to search that.


Quite contrary, its much safer to do it with the same employer. Vast majority of the porting cases are with same employer.

The only clause is, the Eb-2 job position should be considerably different Eb-3. Now if a person has worked in same firm for more then FIVE years, I would assume that he indeed must have progressed.

snathan
04-01-2011, 12:51 PM
Quite contrary, its much safer to do it with the same employer. Vast majority of the porting cases are with same employer.

The only clause is, the Eb-2 job position should be considerably different Eb-3. Now if a person has worked in same firm for more then FIVE years, I would assume that he indeed must have progressed.

See...I just shared the information what I know. I may be right or wrong as I didnt spend much time to research. If you are able to port it...please do it and share your experience with us. Good luck

Robert Kumar
04-01-2011, 12:53 PM
Quite contrary, its much safer to do it with the same employer. Vast majority of the porting cases are with same employer.

The only clause is, the Eb-2 job position should be considerably different Eb-3. Now if a person has worked in same firm for more then FIVE years, I would assume that he indeed must have progressed.

I also read both EB3 and EB2 will go in parallel and both will be safe.
But if INS asks about the future position of EB3, what should the company say. Its no more, or its still there.
If its still there, then will the same candidate do that job and the EB2 job. Please check with your attorney on this also. I'm tired myself.

snathan
04-01-2011, 12:56 PM
Quite contrary, its much safer to do it with the same employer. Vast majority of the porting cases are with same employer.

The only clause is, the Eb-2 job position should be considerably different Eb-3. Now if a person has worked in same firm for more then FIVE years, I would assume that he indeed must have progressed.

I am working on EAD which I received from my EB3 category(labor date - Oct, 2004). My new employer filed a new application for EB2 category in Nov, 2010, my labor got approved within 3 months and they went for the next step filing my I-140 PETITION. They attached my previous I-140( from Eb3 category) along with the new application seeking to port the old priority date. Here is the REF which they received on 23, March 2011.

"Please provide evidence to show that the petitioner will be employing the beneficiary to fill the specific vacancy. In addition, provide a detail description of the work to be performed, including specific job duties, level of responsibility and number of hours per week of work to be performed.
You must sumbit the requested information within 30 days from the date of this letter. Failure to do so may result in the denial of your petition"


Please suggest. My attorney is working on this.

Just posted by some one else who has ported with different employer. If I understand it right they want to know how the EB3 vacancy is going to be filled once the person moved to the EB2 job (Otherwise I am not sure why they need proof for EB2 job). Its for new employer....imagine what they would ask if its the same employer.

alias
04-01-2011, 02:54 PM
Unfortunately it seems like EB2 is no go for you...

1. Same employer
2. From your information...the job requirement is not genuine.

If you file for EB2 and if there is an audit, you will also lose your EB3. Go for EB2 if you are ready to lose your EB3 as well in case of audit.

Quit scaring people with your self inflicting tactics. I know where this's coming from.

There was an article that someone wrote a month back on this subject. That was purely based on speculation and how he thought that porting with the same employer is a bad idea. Google - EB3 to EB2 with same employer.

I discussed this with my attorney at length and although he agreed on the point that it may or may not happen but he doesn't know of a single case that CIS has asked foran evidence to show the existence of the old EB3 job. Any attorney or otherwise can make conspiricy theories as much as they like but ultimately it all depends on what CIS is going after these days.....

Sachin_Stock
04-01-2011, 03:11 PM
Just posted by some one else who has ported with different employer. If I understand it right they want to know how the EB3 vacancy is going to be filled once the person moved to the EB2 job (Otherwise I am not sure why they need proof for EB2 job). Its for new employer....imagine what they would ask if its the same employer.

You understand it wrong. That query sounds illogical to me.

Can you tell me if they ask this question at 140 stage or labor?

BTW, someone mentioned about the blog talking about this question "what happened to eb3 job..." I very well know which "blog" is being mentioned.

amitjoey
04-01-2011, 03:37 PM
YES. EB3 FOLKS CAN MOVE TO A DIFFERENT JOB WHICH QUALIFIES FOR EB2.

It does not matter if the employee started on EB3 in year X and X+10 yrs later qualified and filed for EB2.
As long as the position is valid, job offer valid, labor market tested and the employee qualifies for the job- he can now work in the new position. SAME EMPLOYER OR Different employer does not matter.

An employee technically only starts work after GC is approved. So if there are 2 jobs one-advertised and qualifies for EB2 the other advertised/qualifies for EB3, then both exist and if the employee starts on one and moves to other it is okay as long as
1) there are no qualifiying USC's or others (PERM)
2) employee qualifies, (PERM)
2) Valid Job offer, Financial strength of company and other (I140).

After employee recieves GC, he needs to work for the petitioning employer for a reasonable period so as to establish true intent.

YES. The other position is vacant- it can be vacant. JOB offer cancelled, or position eliminated for lack of available applicants.
The confusion between members is:
In the past- this position was sold. (now it is rightly disallowed)- that was called labor subs. And now it is not allowed and rightly so./

hsd31
04-01-2011, 03:40 PM
Just posted by some one else who has ported with different employer. If I understand it right they want to know how the EB3 vacancy is going to be filled once the person moved to the EB2 job (Otherwise I am not sure why they need proof for EB2 job). Its for new employer....imagine what they would ask if its the same employer.

LOL.. snathan you are totally misconstruing the post by NYCBrown. It is clear from NYCBrown's post that the RFE is for EB2 and issued to the new employer, not the old one.

bondgoli007
04-01-2011, 03:58 PM
Just posted by some one else who has ported with different employer. If I understand it right they want to know how the EB3 vacancy is going to be filled once the person moved to the EB2 job (Otherwise I am not sure why they need proof for EB2 job). Its for new employer....imagine what they would ask if its the same employer.
snathan, if I were you, I would quit adding to this thread.

Even to a porting layman like me it is very clear you don't have the facts and seem to highlight risks which don't seem to have any basis. I can understand the need to help others but not by providing misinformation.

By the way I am interfering because I would like all EB folks on this site to remain united and feel a bit miffed when responses like yours unnecessarily affect the calm. Please refrain from ruffling feathers when there is absolutely no need for it.

snathan
04-01-2011, 04:24 PM
snathan, if I were you, I would quit adding to this thread.

Even to a porting layman like me it is very clear you don't have the facts and seem to highlight risks which don't seem to have any basis. I can understand the need to help others but not by providing misinformation.

By the way I am interfering because I would like all EB folks on this site to remain united and feel a bit miffed when responses like yours unnecessarily affect the calm. Please refrain from ruffling feathers when there is absolutely no need for it.

I have clearly stated in my previous posting on this thread that I dont have much information as I dont have first hand experience. But I have posted the information from another thread as a reponse to his questions. I have stopped posting on this thread otherwise - as I dont have anything to add. Peace.

HRPRO
04-01-2011, 04:25 PM
Guys,

You can port from EB-3 to EB-2 with the same employer but cannot count experience gained with the same employer. The argument that has been made is: if the employer can hire and train you why not hire a citizen and train a citizen.

You can check with any attorney and this is what you will hear.

snathan
04-01-2011, 04:26 PM
Just posted by some one else who has ported with different employer. If I understand it right they want to know how the EB3 vacancy is going to be filled once the person moved to the EB2 job (Otherwise I am not sure why they need proof for EB2 job). Its for new employer....imagine what they would ask if its the same employer.

LOL.. snathan you are totally misconstruing the post by NYCBrown. It is clear from NYCBrown's post that the RFE is for EB2 and issued to the new employer, not the old one.


Please read again..

Sachin_Stock
04-01-2011, 04:40 PM
I have clearly stated in my previous posting on this thread that I dont have much information as I dont have first hand experience. But I have posted the information from another thread as a reponse to his questions. I have stopped posting on this thread otherwise - as I dont have anything to add. Peace.

Your posts have already lost credibility when you talked about "selling" the employment!

No offense to you, but I suggest other readers not to take your posts seriously.

snathan
04-01-2011, 04:45 PM
Your posts have already lost credibility when you talked about "selling" the employment!

No offense to you, but I suggest other readers not to take your posts seriously.

DO you have any problem with comprehension... don’t take the literal meaning. 'The EB3 job was sold' - I meant to say, the labor market was tested there is no qualified/willing Americans are available and up on approval of this GC, the beneficiary will be employed as a permanent employe of the sponsoring company. (Means the DOS was convinced by the employer)

You really need rest man.

insbaby
04-02-2011, 10:26 AM
EB3 - EB2 cases are decided based on individual qualifications.

Give your details to an attorney and they will decide whether it is worth taking that route or not.

You - Your Employer - Your Attorney, all should fit in the right slots to file this.

There are cases where employers refuse and there are cases attorneys (if genuine) recommend not to waste money.

gc_vbin
04-02-2011, 10:58 AM
You seem to be in a total disconnect with what the reality is in terms of porting within the same employer. I know of two cases which went into audit and both were same employer EB3 to EB2 port cases. No one on this forum is trying to create any scare. They are just trying to highlight the risks involved.
Attorneys at my company are advising against doing this. They are warning that our original EB3 could be at risk. Why would an attorney try to do this if the issues were not genuine. They would lose money by not doing the porting.

Quite contrary, its much safer to do it with the same employer. Vast majority of the porting cases are with same employer.

The only clause is, the Eb-2 job position should be considerably different Eb-3. Now if a person has worked in same firm for more then FIVE years, I would assume that he indeed must have progressed.

getgreensoon1
04-02-2011, 12:12 PM
Hi All,
I am planning to port my eb3 to eb2 application.

Unfortunately I (having bachelor degree with 16 yrs education) was NOT having 5 yrs of experience (fell short 3 months) before joining the current employer so we had to filed it in EB3.

Currently I have gained 7 yrs of experience in the current employer. With total 12 yrs of experience, is it possible to file my Labor/GC application in EB 2 in different role/title (may be manager or something different) with the same employer (by using the experience gained in the current employer). My employer has promised me that he will provide any support (paper work) required this.

Please advice me if this is going to work or NOT.

I have seen the following thread where someone has ported eb3 to EB2 with same employer by putting the experience in the current employer.

http://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/1954521-eb3-eb2-porting-140-approved-same-employer.html

Please let me know.
Thanks!
Prakash


If you are in IT or work for a shady desi bodyshop. You are inviting an audit. If you are in any other good american company, you can try your luck.

hope4best
06-04-2011, 10:18 PM
My GC was approved as of June 2nd. Working with same employer, a consultancy firm. No audits in Perm process. One RFE in I-140 which asked for employer tax returns which is very common. Fully agree with Sachin, porting is the WAY TO GO!
Dear EB3 friends - consider porting..sooner the better. The only requirement when porting with same employer is that the new position requirements should be 50% or more than the existing one.

AllVNeedGcPc
06-04-2011, 11:12 PM
.

sathishav
06-06-2011, 11:54 AM
... I got greened last month, after porting through same employer.

Do not listen to @snathan, check his last ~2K posts and all of them are trying to convince people not to do the porting (all with false info).

EB3 folks: Port now, even CIS wants to get rid of older EB3s by approving them.

Thanks for the info.

summitpointe
06-07-2011, 01:25 PM
Posted the same in another forum and doing it again over here.

12 years in US. Engg grad from India. Had 6 yeras of work exp before joing the current employer. Working with the current employer for 8 years now.

EB3


Priority date Sep 2004
I-140 Approved in Nov 2005
I-485 Filed for both my wife and myself in July 2007


EB2 porting


Started new process with same employer in September 2010
Applied PERM in Jan 2011 and got approved in 10 days
Applied I-140 in April 2011 and got approved in one week
Priority date recaptured and I-140 had the old priority date (Sep 2004) and same A# as previous one
Opened SR with USCIS on May 6th 2011
Informed customer service that my Priority date is outside normal processing time
Received an e-mail after couple of days "There are no visas available to process your I-485 application. Your priority date is EB3 September 2004 which is later that the cut-off listed on the visa bulletin for your preference. Thank you for your time. This inquiry will be considered closed."
Replied to the USCIS e-mail(tsc.ncscfollowup) attaching the I-140 copy and asking them to upgrade my case from EB-3 to EB-2
Got the approval e-mail on May 17th 2011 and also reply for my e-mail


Wishing Best of Luck to all who are waiting in line.

deepakjain
06-07-2011, 01:47 PM
This is what my company attorney says -

Working with the current organization for 6 years, initially case was filed under EB3 - B Tech with 12 years of experience.

Now I am a manager and have 18 years of experience [post EB3 filing] , when I asked my attorney about filing a new PERM under EB2 he said this can be done based on education experience and being prompted 2 times with 50% change in job duties and change in the salary drawn. I have a permanent 9 to 5 job and as per my attorney I can file for a new PERM under EB2 and port my priority date from EB3.

Per my attorney porting is not an issue at all provided you have a valid reason for doing so

gnanap
06-07-2011, 01:53 PM
Well... who ever ported with same employer has either 5+ yrs experience with bachelor or Masters degree. My Case is less than 5 yrs with bachelor degree... this is what scary part for me...

nc14
06-07-2011, 03:01 PM
gnanap - How much was your experience before joining current employer? Also, have you asked your company/attorney about using progressive experience.

I have read a few threads where people have been approaved in similar situations.



Well... who ever ported with same employer has either 5+ yrs experience with bachelor or Masters degree. My Case is less than 5 yrs with bachelor degree... this is what scary part for me...

gnanap
06-07-2011, 03:52 PM
hi NC14, I was having 4 yrs 8 months before joining my current employer. I check with my attorney about using progressive experience and he is saying it is not possible (Even though My employer is ready to provide any document). So I am looking for new employer with whom i wanted to for port...

nc14
06-07-2011, 04:50 PM
I know folks for whom it has worked so it is definitely possible and you probably need an attorney who is aware of something like this.

Check this old but interesting thread.

EB2 filing - Does OPT experience count [Archive] - Immigration Voice (http://immigrationvoice.org/forum/archive/index.php/t-24332.html)

Also, I think the factors that will determine your EB2 application will be a combination of Advertisement, PERM Labor application and last but not the least I-140 filing.

I am in a similar boat and getting ready for PERM filing. I myself don't know how things will fly but would like to take a chance before looking for a new employer. It will really help if anyone was in similar situation and has successfully ported wants to share some experiences or watch outs.




hi NC14, I was having 4 yrs 8 months before joining my current employer. I check with my attorney about using progressive experience and he is saying it is not possible (Even though My employer is ready to provide any document). So I am looking for new employer with whom i wanted to for port...

sathishav
06-08-2011, 03:36 PM
I know folks for whom it has worked so it is definitely possible and you probably need an attorney who is aware of something like this.

Check this old but interesting thread.

EB2 filing - Does OPT experience count [Archive] - Immigration Voice (http://immigrationvoice.org/forum/archive/index.php/t-24332.html)

Also, I think the factors that will determine your EB2 application will be a combination of Advertisement, PERM Labor application and last but not the least I-140 filing.

I am in a similar boat and getting ready for PERM filing. I myself don't know how things will fly but would like to take a chance before looking for a new employer. It will really help if anyone was in similar situation and has successfully ported wants to share some experiences or watch outs.

nc14, please do keep us posted on how your porting works out. All the Best.

cleopatra
06-08-2011, 06:46 PM
hi NC14, I was having 4 yrs 8 months before joining my current employer. I check with my attorney about using progressive experience and he is saying it is not possible (Even though My employer is ready to provide any document). So I am looking for new employer with whom i wanted to for port...

You should be able to port even with the same employer as long as you can document that your experience was progressive in nature and that you gained the experience in a job that is at least 50% different from your EB2 job. Also, you should have taken the EB2 job after you completed the required experience (you can count both your outside and same employer experience), but if you joined with less experience than is required for the job, then you will need to wait till you get a promotion and then apply.

As long as you are not applying for the position you joined originally and the EB2 position is at least 50% different from the original position whose experience you will count with the same employer, you should be able to get your PD ported. If the lawyer says otherwise, change the lawyer.

natasha_reddy
06-23-2011, 04:01 PM
Hi hope4best,

Could you please give me more details on how you ported to Eb2? I'm in a similar situation as yours, so I really need some guidance from people like you who have successfully ported within same employer. If yo think its too much to explain on this thread, you can always send it via email. Once you are ok, I shall pass on my contact details.

Thanks,
Natasha

My GC was approved as of June 2nd. Working with same employer, a consultancy firm. No audits in Perm process. One RFE in I-140 which asked for employer tax returns which is very common. Fully agree with Sachin, porting is the WAY TO GO!
Dear EB3 friends - consider porting..sooner the better. The only requirement when porting with same employer is that the new position requirements should be 50% or more than the existing one.

praina
08-05-2011, 12:58 AM
Applied in EB3 category and PERM/I-140 got approved in 2007 and I-485 still pending. Trying to apply PERM in EB2 category with Same Company but different role and job position (50% different). Does my previous PERM approval has to be cancelled if same company files for new PERM but for diferent job position.

sanju_dba
08-05-2011, 10:44 AM
Applied in EB3 category and PERM/I-140 got approved in 2007 and I-485 still pending. Trying to apply PERM in EB2 category with Same Company but different role and job position (50% different). Does my previous PERM approval has to be cancelled if same company files for new PERM but for diferent job position.

my attorney didnot referred that! BTW what brings you that concern?

vidyas_m
08-05-2011, 11:13 AM
Applied in EB3 category and PERM/I-140 got approved in 2007 and I-485 still pending. Trying to apply PERM in EB2 category with Same Company but different role and job position (50% different). Does my previous PERM approval has to be cancelled if same company files for new PERM but for diferent job position.

I don't think the previous PERM approval should be canceled/revoked. Infact, you would need that old PERM/I-140's 2007 priority date for porting.

In other words, the EB-3 PERM and EB-2 PERM are independent of each other except for the fact that while filing I-140 for the new job, you would invoke the 2007 PD.

Please check with an attorney to be sure.

vidyas_m
08-05-2011, 11:33 AM
I have a question regarding changing from EB-3 to EB-2 category with the same employer. My current GC application is filed in the EB-3 category. I have a Masters degree from the US and I had 6 years of US work experience before I started working for my current company. However, the prevailing wage for my job for my work location (a rural area) was unusually high to file with Bachelors + 5 yrs requirement (Wage level IV). Since, I was in my 6th year of H1 when my GC (first) was being filed, I did not want to risk an RFE and the delays involved by filing with the Masters degree requirement. Hence, the EB-3.

Now, can my employer re-apply for the same job in the EB-2 category with higher requirements? Has anybody else here successfully changed from EB-3 to EB-2 with the same employer for the same job? If so, please let me know.

Thanks much.

praina
08-05-2011, 11:55 AM
I don't think the previous PERM approval should be canceled/revoked. Infact, you would need that old PERM/I-140's 2007 priority date for porting.

In other words, the EB-3 PERM and EB-2 PERM are independent of each other except for the fact that while filing I-140 for the new job, you would invoke the 2007 PD.

Please check with an attorney to be sure.



Actually, DOL or USCIS might ask if applying for new PERM from same employer about the previously approved PERM of the employee and what to do about it whether to cancel it since the employee is now eligible for new position and wouldn't need old PERM. T