View Full Version : Not porting from EB3 to EB2

04-14-2015, 08:00 PM
Hello All,

I got my 140 approved in 2006; filed for 485 in 2007 and also got my EAD. All this was with my previous employer. I left my previous employer in 2013 and sent a AC21 letter (by working with a third party law firm) to USCIS. Since 2013, I've been working for a new employer using my EAD. (Renewed my EAD in 2014.)

I have not yet initiated the process of porting my GC case from EB3 to EB2 - and it doesn't appear that my current employer will entertain my request.

My question is - is there any downside to not porting from EB3 to EB2, besides the lengthy wait? At the moment, since I am using my EAD, my employer is no way involved in my immigration status.

Am I supposed to be taking any immediate action?


04-15-2015, 11:06 AM
There is no downside other than wait time as you said.

One thing is that you should be in "same or similar job" for a long long time. However, this aspect will eventually relax a bit with Obama Immigration Actions (don't know when).