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View Full Version : Whether NIW can use the PD of PERM


bobadam
08-19-2009, 10:02 AM
My employer filled EB-2 PERM for me on 12/2007.
My I-140 is approved on 07/2008.
Now I am worry about losing my job.
If this happens, maybe I will switch to NIW pathway later.
Now I wonder whether NIW can use the PD of PERM?
My attorney is not sure about this.

Anyone here succeed in this?
Thank you very much!

roseball
08-19-2009, 10:10 AM
My employer filled EB-2 PERM for me on 12/2007.
My I-140 is approved on 07/2008.
Now I am worry about losing my job.
If this happens, maybe I will switch to NIW pathway later.
Now I wonder whether NIW can use the PD of PERM?
My attorney is not sure about this.

Anyone here succeed in this?
Thank you very much!

AFAIK, your PD can be used across any EB - 1, 2, or 3 categories and not EB- 4 and 5. So in my opinion, you should be able to port your PD.

kondur_007
08-19-2009, 12:00 PM
My employer filled EB-2 PERM for me on 12/2007.
My I-140 is approved on 07/2008.
Now I am worry about losing my job.
If this happens, maybe I will switch to NIW pathway later.
Now I wonder whether NIW can use the PD of PERM?
My attorney is not sure about this.

Anyone here succeed in this?
Thank you very much!

Simple answer is "YES YOU CAN" :)
But start on your NIW case soon, it is much easier to get NIW done if you have a job while applying. Also there is no premium processing for NIW yet, so work on it now, dont wait till you get laid off.

Additionally, get a good attorney! NIW case requires a "VERY good attorney", not the one who is not sure of some simple thing like porting of PD.

Good Luck.