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View Full Version : Eb3 to eb2 porting without ac21


sat2010
01-26-2012, 11:57 PM
I worked company A for 7 years until oct 2010 and then joined full time with company x on EAD . I moved to company Y after working for one year in company x . With company Y I have been working for 4 months.

When I moved between companies I did not file AC21.

In mean time my eb2 i140 with company B approved with old priority date on Dec 16th 2011.Company Bís attorney saying, go through eb3 company for interfile

1) Do need to interfile ? , since I read interfile happens automatically in the forums?
2) Is eb3 company do interfile or eb2 company do interfile ?
3) What is the ideal solution
4) Which company(eb2 or eb3) do I need to work after green card
5) Since I did not file ac21 between companies , can I do or ?


Company A :
Filed labor (feb 27th 2004) and i140 under eb3 got approved . In July 2007 , applied I485 since then I am on EAD .

Company B( never worked for this company) :
Filed labor (Dec 2010) and I 140 (may 2011) and got approved with new priority date( eb3 i140 date , feb 27th 2004) .

sat2010
01-30-2012, 09:36 AM
your input greatly appreciated .

mayurcreation
01-30-2012, 10:04 AM
I worked company A for 7 years until oct 2010 and then joined full time with company x on EAD . I moved to company Y after working for one year in company x . With company Y I have been working for 4 months.

When I moved between companies I did not file AC21.

In mean time my eb2 i140 with company B approved with old priority date on Dec 16th 2011.Company Bís attorney saying, go through eb3 company for interfile

1) Do need to interfile ? , since I read interfile happens automatically in the forums?
2) Is eb3 company do interfile or eb2 company do interfile ?
3) What is the ideal solution
4) Which company(eb2 or eb3) do I need to work after green card
5) Since I did not file ac21 between companies , can I do or ?


Company A :
Filed labor (feb 27th 2004) and i140 under eb3 got approved . In July 2007 , applied I485 since then I am on EAD .

Company B( never worked for this company) :
Filed labor (Dec 2010) and I 140 (may 2011) and got approved with new priority date( eb3 i140 date , feb 27th 2004) .

Yes I am 100% sure that your attorney have to send USCIS interfile letter. I am not sure about your other questions answers.

seshadsr
01-30-2012, 01:35 PM
Interfiling is not required in all the cases. If you have the Alien number updated in you new I 140 (EB2) approval then it will happen automatically.

There is nothing like applying for AC21. It is law protects you if your 485 case is pending for more than 6 months.