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View Full Version : Should I port from Eb3 to Eb2? Please advise!


natasha_reddy
06-23-2011, 04:42 PM
Hello Friends,

First of all, I would like to thank each one of you for your valuable contributions to this forum, forums like these prove to be very conducive for people like me who are in dire need of immigration advise. So, here is my situation..

I'm working as a typical "Programmer Analyst" for a Desi consulting company. My labor was approved under Eb3 in May 2009 (since I didn't qualify for EB2 then) and my I140 a month later. I will be completing 5 years of work experience under the same employer this October and most importantly with my PD of 2009 under EB3 there is not much hope left, therefore I'm seriously considering to move up to Eb2. I have a 4 year Bachelor's degree in Computer Science, so I assume it's one of the qualifying factors.

My employer was not thrilled about promoting me and starting a new EB2 application, of course he wants to make money off of me as long as he can! (I can still try and convince him, but I'm not optimistic about it) Therefore, I'm in the process of finding a new employer who can start my EB2 process.(most probably another consultancy)

FYI: I have 1.8 years of H1b left and a good attorney reference.

Could any one of you please advise on:

-How I can achieve this?
-Other Criteria s I need to qualify for?

Also, experienced attorney references that you may have? Any bit of information is much appreciated. Thanks a lot for your time and patience.

PS: I work in Bay area and make 85K per year.

Sincerely,
Natasha

bugsbunny
06-23-2011, 04:57 PM
Hi Natasha
The process is not too complicated.

porting within the same company can be tricky, there has to be 50% difference in job duties. If you browse through the forums you will find threads discussing this in details

If you move on to another employer, make sure they file the H1 transfer before you leave your current job. This is after LCA process.

The new job must require an EB2 level of qualification, you can look at the requirements on USCIS website
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)

Once your H1 is filed, they will need to file for EB2 as well
When your dates become current you will be able to retain your EB3 Priority Date by filing interfiling letter along with I-485

If you find this forum useful, consider contributing towards us as we are volunteer based organization

ivchicago
06-23-2011, 05:04 PM
Hi Natasha
The process is not too complicated.
.
.
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If you find this forum useful, consider contributing towards us as we are volunteer based organization

A clear concise unpatronizing answer to an oft asked but anxiety producing question. Thank you.

shx
06-23-2011, 08:00 PM
85k in the bay area might not qualify for an EB2 position. I personally know a guy who had to get a higher billing rate that paid 95k per year to file in Eb2.

gk_2000
06-23-2011, 08:26 PM
Make sure the advertisement you answer clearly mentions in the requirements that they need at least 5 years' experienced person holding a degree. And record it for future purpose

ryan
06-23-2011, 09:12 PM
85k in the bay area might not qualify for an EB2 position. I personally know a guy who had to get a higher billing rate that paid 95k per year to file in Eb2.

She didn't imply her future payscale will be the same as the current.

Natascha, I think you should be fine, as long as you follow the due process explained by the member above. Good Luck.

natasha_reddy
06-24-2011, 02:01 AM
Thank you for all the great advise everyone! I really do appreciate it! Couple more questions lingering in my mind:
1.Can my current employer revoke my Eb3 I140? if he does so before my new employer applies for Eb2 can I still port my EB3 priority date?
2.Any good attorney referrals for my case?

Again, your help is much appreciated.

Cheers,
Nat

sk.aggarwal
06-24-2011, 10:32 AM
Thank you for all the great advise everyone! I really do appreciate it! Couple more questions lingering in my mind:
1.Can my current employer revoke my Eb3 I140? if he does so before my new employer applies for Eb2 can I still port my EB3 priority date?

Yes he can. But priority date is yours to keep if you have a copy of corresponding I-140 approved
2.Any good attorney referrals for my case?
You can use free attorney conf call. Or just use one of them from banner for consultation.
Again, your help is much appreciated.

Cheers,
Nat

gl

pagalForGC
06-24-2011, 11:41 AM
Someone mentioned here that porting through the current employer is tricky. By current employer do you mean the employer who filed for EB3?

This is my situation. I have over 12 years of experience. In 2006 I got my H-1B worked for a Desi consulting company who filed for my labor and GC processing in EB3. So I have a priority date in EB3 of October 2006

In 2007 I got my EAD due to July fiasco.
In 2008 I joined a big insurance company by filing AC-21 and leaving my H1-B status and converting full time on EAD. Now I am a lead architect in my current company with over 12 years of experience and lead/manager responsibilities.

If my current company allows and files a new application under EB2, can I still port my priority date from 2006 from EB3? Is there any risk involved? My current company is not the one who originally file my labor in EB3...

Please help!

imh1b
06-24-2011, 12:11 PM
Port if you can. Everyone in EB3 should try and port if the employer offers an EB2 job.

pagalForGC
06-24-2011, 12:36 PM
Port if you can. Everyone in EB3 should try and port if the employer offers an EB2 job.

Will they be able to do that on the current job for me? It is definately different than my previous EB3 job descriptions by at least 50%

Will they need to open a new job rec for it? or can they do it based on what my current job is.

imh1b
06-24-2011, 12:46 PM
Will they be able to do that on the current job for me? It is definately different than my previous EB3 job descriptions by at least 50%

Will they need to open a new job rec for it? or can they do it based on what my current job is.

There are many ways to get EB2 sponsorship within the same company. If you qualify, they can even promote you and file a new EB2 application. If you qualify for EB2 and there is an opening in another department, you can apply there and start a new EB2 application.

Almost all EB3 should qualify for EB2. We just need to try. Change jobs etc. The only small 1% minority that cannot port to EB2 are ones with 3 year degree problems. Or ones that have no work experience after undergraduate. These 1% people should invest and get a US masters degree if they want a GreenCard. We in 99% just have to keep trying.

bugsbunny
06-24-2011, 01:29 PM
Will they be able to do that on the current job for me? It is definately different than my previous EB3 job descriptions by at least 50%

Will they need to open a new job rec for it? or can they do it based on what my current job is.

If your current job is already 50% different than you can just use it to port to EB2. But this is ironic and a cause for confusion. You used AC21 to switch to a "same or similar" job and now you are saying it is 50% different. Do you get the flaw in the logic, USCIS may or may not pick up on this.
Regardless you will need a good attorney to advise you on this.

For porting within the same employer, its always better to have a new job description to show a real reason for the need to file in EB2. There are certain rules to follow, like your previous position must be available or permanently closed. The new position should require at least 50% different activities ( from the original EB3 filed job) and pay more accordingly.

If you were still at the original EB3 job company, you would also need to have EB2 level of qualification before you joined the job. Since you are at a different company you can use the experience after the EB3 filing.

EBX-Man
06-24-2011, 01:33 PM
There are many ways to get EB2 sponsorship within the same company. If you qualify, they can even promote you and file a new EB2 application. If you qualify for EB2 and there is an opening in another department, you can apply there and start a new EB2 application.

Almost all EB3 should qualify for EB2. We just need to try. Change jobs etc. The only small 1% minority that cannot port to EB2 are ones with 3 year degree problems. Or ones that have no work experience after undergraduate. These 1% people should invest and get a US masters degree if they want a GreenCard. We in 99% just have to keep trying.

Good for you mate.

getgreensoon1
06-24-2011, 01:38 PM
Hello Friends,

First of all, I would like to thank each one of you for your valuable contributions to this forum, forums like these prove to be very conducive for people like me who are in dire need of immigration advise. So, here is my situation..

I'm working as a typical "Programmer Analyst" for a Desi consulting company. My labor was approved under Eb3 in May 2009 (since I didn't qualify for EB2 then) and my I140 a month later. I will be completing 5 years of work experience under the same employer this October and most importantly with my PD of 2009 under EB3 there is not much hope left, therefore I'm seriously considering to move up to Eb2. I have a 4 year Bachelor's degree in Computer Science, so I assume it's one of the qualifying factors.

My employer was not thrilled about promoting me and starting a new EB2 application, of course he wants to make money off of me as long as he can! (I can still try and convince him, but I'm not optimistic about it) Therefore, I'm in the process of finding a new employer who can start my EB2 process.(most probably another consultancy)

FYI: I have 1.8 years of H1b left and a good attorney reference.

Could any one of you please advise on:

-How I can achieve this?
-Other Criteria s I need to qualify for?

Also, experienced attorney references that you may have? Any bit of information is much appreciated. Thanks a lot for your time and patience.

PS: I work in Bay area and make 85K per year.

Sincerely,
Natasha

Since you work for a shady desi bodyshop it is very likely that the porting fraud that you are about to commit will be uncovered by the DOL/USCIS. You are violating the very basic premise of H1B visa by working in a third party agreement. It will be interesting to see how your EB2 application gets approved. If it gets approved, then we can clearly assume that authorities are asleep.

bugsbunny
06-24-2011, 01:55 PM
Since you work for a shady desi bodyshop it is very likely that the porting fraud that you are about to commit will be uncovered by the DOL/USCIS. You are violating the very basic premise of H1B visa by working in a third party agreement. It will be interesting to see how your EB2 application gets approved. If it gets approved, then we can clearly assume that authorities are asleep.

Stop giving fraudulent advice and go somewhere to spread your Anti-EB3/Anti-Telegu/Anti-porting/Anti-Non Ivy League educated... hate speeches.

Every consulting company is not a bodyshop, and if she is reporting directly to her client then she is within regulations. She is well paid so there is no evidence of fraud. If there is fraud, then prove and report. As for the intention and premise of H1B that's for Congress to interpret and correct. We cannot blame anyone for following the rules even if they use if differently.

natasha_reddy
06-24-2011, 02:10 PM
Since you work for a shady desi bodyshop it is very likely that the porting fraud that you are about to commit will be uncovered by the DOL/USCIS. You are violating the very basic premise of H1B visa by working in a third party agreement. It will be interesting to see how your EB2 application gets approved. If it gets approved, then we can clearly assume that authorities are asleep.

Hello Mr getgreensoon1,

May I know on what basis you are labeling my current employer shady or the porting process a fraud? Did you know, my current employer has a great track record? The only issue for me is, he does not want me to quit his company coz he wants to make profit out of me for a longer term (which is understandable) or for might be for any other genuine reasons. Otherwise, he is pretty good at following the rules. Now that I'm eligible to port to EB2, I'm just trying to follow the rules to get on the fast track. I strongly feel, you should first get your facts straight before speaking your mind. Nevertheless, I'd prefer not justify my reasons to you and I'm surely not going to let someone like you mar my morale.

I wish you only Good Luck and nothing else..Let Peace prevail.

Cheers,
Nats

natasha_reddy
06-24-2011, 02:12 PM
Stop giving fraudulent advice and go somewhere to spread your Anti-EB3/Anti-Telegu/Anti-porting/Anti-Non Ivy League educated... hate speeches.

Every consulting company is not a bodyshop, and if she is reporting directly to her client then she is within regulations. She is well paid so there is no evidence of fraud. If there is fraud, then prove and report. As for the intention and premise of H1B that's for Congress to interpret and correct. We cannot blame anyone for following the rules even if they use if differently.


Brownie points to bugsbunny!

ivchicago
06-24-2011, 02:57 PM
By current employer do you mean the employer who filed for EB3?


Yes


This is my situation
.
.
.
If my current company allows and files a new application under EB2, can I still port my priority date from 2006 from EB3? Is there any risk involved? My current company is not the one who originally file my labor in EB3...


Yes you may port your PD from EB3 to EB2. No there is no risk, your EB3 petition remains untouched even if you fail at the EB2 one.

gk_2000
06-24-2011, 03:32 PM
Since you work for a shady desi bodyshop it is very likely that the porting fraud that you are about to commit will be uncovered by the DOL/USCIS. You are violating the very basic premise of H1B visa by working in a third party agreement. It will be interesting to see how your EB2 application gets approved. If it gets approved, then we can clearly assume that authorities are asleep.

Hello Mr getgreensoon1,

May I know on what basis you are labeling my current employer shady or the porting process a fraud? Did you know, my current employer has a great track record? The only issue for me is, he does not want me to quit his company coz he wants to make profit out of me for a longer term (which is understandable) or for might be for any other genuine reasons. Otherwise, he is pretty good at following the rules. Now that I'm eligible to port to EB2, I'm just trying to follow the rules to get on the fast track. I strongly feel, you should first get your facts straight before speaking your mind. Nevertheless, I'd prefer not justify my reasons to you and I'm surely not going to let someone like you mar my morale.

I wish you only Good Luck and nothing else..Let Peace prevail.

Cheers,
Nats

ggs: I am letting you know I don't appreciate your negative postings here. You have NO RIGHT to rant on anyone at all for any reason whatsoever.

Nats: Dont worry, this guy is in the unofficial "infamous around these parts" list. Nothing like a human to keep track of such lists

pagalForGC
06-24-2011, 04:09 PM
If your current job is already 50% different than you can just use it to port to EB2. But this is ironic and a cause for confusion. You used AC21 to switch to a "same or similar" job and now you are saying it is 50% different. Do you get the flaw in the logic, USCIS may or may not pick up on this.
Regardless you will need a good attorney to advise you on this.

For porting within the same employer, its always better to have a new job description to show a real reason for the need to file in EB2. There are certain rules to follow, like your previous position must be available or permanently closed. The new position should require at least 50% different activities ( from the original EB3 filed job) and pay more accordingly.

If you were still at the original EB3 job company, you would also need to have EB2 level of qualification before you joined the job. Since you are at a different company you can use the experience after the EB3 filing.


Thanks BugsBunny,

I think the issue is that I joined the company according to my requirements stated in AC21 and progressed to be become an architect, so now I am eligible to file for an EB2 according to EB2 requirements.
This will be something common since USCIS has decided to make us wait for YEARS!! so it is more than logical that ppl will move higher up :)

that is the reason my question was that does my company need a NEW position opened up to prove that I qualify? or just my experience will count?

anu_t
06-24-2011, 04:26 PM
natasha
even if your employer revoke your 140 , it will be not under fraud or misuse. so you are still good to go.

GCmuddu_H1BVaddu
06-26-2011, 08:38 AM
Thank you Mr.Attorney general for careful reading and giving your valuble opinion. Just shut your ... and sit tight.


Since you work for a shady desi bodyshop it is very likely that the porting fraud that you are about to commit will be uncovered by the DOL/USCIS. You are violating the very basic premise of H1B visa by working in a third party agreement. It will be interesting to see how your EB2 application gets approved. If it gets approved, then we can clearly assume that authorities are asleep.

ryan
06-26-2011, 12:08 PM
Since you work for a shady desi bodyshop it is very likely that the porting fraud that you are about to commit will be uncovered by the DOL/USCIS. You are violating the very basic premise of H1B visa by working in a third party agreement. It will be interesting to see how your EB2 application gets approved. If it gets approved, then we can clearly assume that authorities are asleep.

Looney tune's having another bad day :p

Please, READ what she wrote, before going all out crAZy.

meridiani.planum
06-26-2011, 02:22 PM
85k in the bay area might not qualify for an EB2 position. I personally know a guy who had to get a higher billing rate that paid 95k per year to file in Eb2.

well my case was filed under EB2 and I made 86K then.. it was ~5 years ago though... look up the latest numbers on ONET:

first look for what job-code is closest to your application (ask your lawyer what job code they intend to use)
Quick Search (http://www.onetonline.org/find/quick?s=programmer+analyst)

then under the job code there is a national average, ignore that, pick your per-state one:
15-1021.00 - Computer Programmers (http://www.onetonline.org/link/summary/15-1021.00)

for CA that got to:
Occupation Profile - America's Career InfoNet (http://www.careerinfonet.org/occ_rep.asp?optstatus=011000000&soccode=151021&id=1&nodeid=2&stfips=06&search=Go)
then work down to your zipcode or metro-area and make sure you are making as much as the min there,...