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Old 04-30-2011, 10:50 PM
ajaypr ajaypr is offline
Junior Member
Priority Date
:
Aug-06
Category
:
EB3
I140 Mailed Date
:
10/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/10/2007
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Join Date: Nov 2006
Posts: 19
ajaypr is on a distinguished road
Default EB3 to EB2 porting questions

I have a Master's degree from USA and have more than 5 years of work experience before starting my current job. I have already filed my I485 and have an approved I-140 under the Eb3 category with priority date 2006,but in 2008 I used AC21 and changed jobs from my sponsoring company to my current employer.While moving jobs my lawyer sent USCIS the required AC21 letter stating that my new job is similar to the petitioned EB3 job description and my current company is sponsoring my EB3 immigration petition.

My current job though similar in nature is more intense and is a senior level position and I am handling junior staff with supervisory position. I was wondering if I file a new petition in EB2 category with my current job . Will USCIS have a problem because of the filed AC21 letter?

Also I noticed that while filing my current H-1B petition my lawyer has been filing the wrong Opnet job code ( he job code is for a junior level and does not match my current job duties). I was wondering if I file a new EB2 perm labor application with the correct job code, will this be a problem?Mainly I am concerned whether I need to correct my H-1B labor opnet job code or will this not make any difference in USCIS EB2 perm application?

Any help or clarification is deeply appreciated. Thanks in advance for your help !!!
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