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Jonas73
04-21-2009, 07:17 PM
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).

Do I need to "change" job within my company?

Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?

snathan
04-21-2009, 08:14 PM
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).

Do I need to "change" job within my company?

Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?

I do not know what you are trying to achive by porting from EB3 to EB2 with PD of sep 2008. I am not sure if you understand the meaning of porting.

EB3IFiasco
04-22-2009, 01:34 AM
Jonas - Are you sure you have a EB3 labor? i.e. less than 5 yrs of experience and/or a miniumum BS as opposed to greater than 5 yrs of experience and/or master's or higher (EB2)? If latter than you may file your I-140 under EB2.

EB3 or EB2 gets decided on your I140 based on your labor certification job requirements.

gauravster
04-22-2009, 12:07 PM
What I say should not be construed as any form of legal advice but based on what I know I list the following things.

1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.

Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.

I hope this helps.

Cheers,
Gaurav

Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).

Do I need to "change" job within my company?

Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?

Jonas73
04-22-2009, 11:03 PM
Hi, Yes I have a EB3 (even that I have a Masters degree and 6 years of experience) as my job only required a BS degree etc when I started working. So my understanding is now that what ever I do I need to get a new Labor/PERM and a new position within my company that requires MS degree etc that would qualify for EB2. Even if my I-140 gets approved within reasonable time I still have to wait in eternity for my date to be current under EB3? (the last time I looked back on the previous visa bulletins it looked like it was 2 years ago the EB3 was current (or PD 05 or something). That means that I will have to wait maybe 3-5 years before I can even apply for the I-485? Even that I do have the requirements for a EB2 and my company would have no issues qualifying my job to require a MS degree.

potrero
04-30-2009, 09:31 PM
I am not sure if this question being answered in this forum.
Need experties if any one have this situation.

Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved

Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending

Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.

Please reply with your experties or if being deal with this one.

-Thanks
Potrero

hyddsnr
04-30-2009, 09:45 PM
I am not sure if this question being answered in this forum.
Need experties if any one have this situation.

Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved

Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending

Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.

Please reply with your experties or if being deal with this one.

-Thanks
Potrero

Hi,

Mine is same case, but with same employer, In my case my attorney used below law.PD is done successfully and got GC . But it took nearly 1 year time. I don't think we need to apply new EB2. But anyways talk to experienced lawyer who has done PD earlier.

According to 8 C.F. R. 204.5(e), When a Beneficiary has multiple approved I-140 petitions,
he is entitled to the earliest priority date....

potrero
04-30-2009, 09:58 PM
Great !

Need to know if some one has done with I-140 approved from two different company and still did the porting with the earliest priority dates.....