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  #16  
Old 05-31-2011, 03:04 PM
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Edison99 has a reputation beyond repute Edison99 has a reputation beyond repute Edison99 has a reputation beyond repute Edison99 has a reputation beyond repute Edison99 has a reputation beyond repute Edison99 has a reputation beyond repute Edison99 has a reputation beyond repute Edison99 has a reputation beyond repute Edison99 has a reputation beyond repute Edison99 has a reputation beyond repute Edison99 has a reputation beyond repute
Default

Go for it...
Quote:
Originally Posted by bang View Post
All

My Priority Date is Nov 2002 - EB3 , need a quick advise from you folks. Would it be beneficial if I Start porting my Priority date to EB2 now ?

1) I work for a fairly big consulting company, which would not port my priority date to EB2
2) I would have to change Company (Risk) while i am on my 11th year of H1b, with 17 more months of my H1b still valid.
3) Will need to spend Time (Don't know if it may be equal to the time required for GC in EB3 with my PD) & money on this new application.

Thoughts please !

Thanks ...
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  #17  
Old 05-31-2011, 03:21 PM
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diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute
Default right click and see my old posts...

Let me paste one of my post here ... But I think there is quite a few of them...

Some one PM'ed me just now. Please bear with me , I'll reply back when I get a chance.

/******
Leo dude,
I was similarly frustrated as you after 9 yrs , 2 GC Labor (someone stole earlier of those 2 during labor sub days) ,1 I-140 and 3-4 H transfer and I left the country in May 2009. However , I came back (read ran back) after 10-11 months - not that things turned booming and beautiful here in 10months but its way better than there.

Trust me , the folks who paint rosy pictures of back home are absolute liars. Its true that some infrastructure development is happening , middle class wages have gone up, handfew jobs are created for poor but its WAY to GO there... plus the highlevel direction and attitude is very wrong - no one focusing on BULK amount of poor peoples living in inhuman condition , earning substantially low wage(or no wage) - Unless u lift everyone up [poor, middle , rich] changing from developing to developed will be just a dream there.

If you want to go and see it after 13 years - you are free to do. My true friends also warned me when I was leaving in May 2009 but I wanted to get a lesson by physically seeing it , not listening to good advises - stupid me.

Hope this helps - PM me if u want to talk more.
D
***********/

Quote:
Originally Posted by snathan View Post
Would you mind posting it here...?
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  #18  
Old 05-31-2011, 03:29 PM
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EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts
Default

Quote:
Originally Posted by diptam View Post
Let me paste one of my post here ... But I think there is quite a few of them...

Some one PM'ed me just now. Please bear with me , I'll reply back when I get a chance.

/******
Leo dude,
I was similarly frustrated as you after 9 yrs , 2 GC Labor (someone stole earlier of those 2 during labor sub days) ,1 I-140 and 3-4 H transfer and I left the country in May 2009. However , I came back (read ran back) after 10-11 months - not that things turned booming and beautiful here in 10months but its way better than there.

Trust me , the folks who paint rosy pictures of back home are absolute liars. Its true that some infrastructure development is happening , middle class wages have gone up, handfew jobs are created for poor but its WAY to GO there... plus the highlevel direction and attitude is very wrong - no one focusing on BULK amount of poor peoples living in inhuman condition , earning substantially low wage(or no wage) - Unless u lift everyone up [poor, middle , rich] changing from developing to developed will be just a dream there.

If you want to go and see it after 13 years - you are free to do. My true friends also warned me when I was leaving in May 2009 but I wanted to get a lesson by physically seeing it , not listening to good advises - stupid me.

Hope this helps - PM me if u want to talk more.
D
***********/

Everyone has their own reason for R2I and their own R2I experience. While my opinion about R2I is the same as stated by diptam, i personally feel that R2I depends on how well you fit back into the environment back home after spending 10 years in USA, with all other factors being secondary to the above. In any case congratulation to you diptam for achieving your freedom after such a long wait.
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  #19  
Old 05-31-2011, 03:29 PM
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diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute
Default One more of my post ... :))

Take it EZ !!

/*****
Let me tell you the negative sides for which I returned back - we all know the good sides.

a) My kid was persistently sick for 6-7 months with bronchitis. He was a healthy kid , born here at US
b) I didnt like the interpersonal tricks required in corporate world to smoothly manage things at India.
c) Traffic and no law n order in the roads
d) Lack of activity outside routine life. You get to drive 1.5 Hours thru Bangalore city to get to the highway ,
here I reach a Ski resort 100 miles away in 1.5 hours.

Apart from that General corruption, power politics, lack of basic discipline, traffic, pollution, lack of basic needs - affect daily life in a largely negative way - I felt it.

*****/
Quote:
Originally Posted by snathan View Post
Would you mind posting it here...?
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  #20  
Old 05-31-2011, 07:35 PM
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mgmanoj is a name known to all mgmanoj is a name known to all mgmanoj is a name known to all mgmanoj is a name known to all mgmanoj is a name known to all mgmanoj is a name known to all
Default

Quote:
Originally Posted by bang View Post
All

My Priority Date is Nov 2002 - EB3 , need a quick advise from you folks. Would it be beneficial if I Start porting my Priority date to EB2 now ?

1) I work for a fairly big consulting company, which would not port my priority date to EB2
2) I would have to change Company (Risk) while i am on my 11th year of H1b, with 17 more months of my H1b still valid.
3) Will need to spend Time (Don't know if it may be equal to the time required for GC in EB3 with my PD) & money on this new application.

Thoughts please !

Thanks ...

Slogan is Port Baby Port

No hope for EB3. Unluckily I am stucked and can't port for few more years but my goal will also be porting if nothing happens and if stucked here.
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  #21  
Old 05-31-2011, 08:34 PM
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abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute
Default Go For It

Quote:
Originally Posted by bang View Post
All

My Priority Date is Nov 2002 - EB3 , need a quick advise from you folks. Would it be beneficial if I Start porting my Priority date to EB2 now ?

1) I work for a fairly big consulting company, which would not port my priority date to EB2
2) I would have to change Company (Risk) while i am on my 11th year of H1b, with 17 more months of my H1b still valid.
3) Will need to spend Time (Don't know if it may be equal to the time required for GC in EB3 with my PD) & money on this new application.

Thoughts please !

Thanks ...
As my signature will tell you I did it, I work for a fortune 10 company but was fortunate enough to get my company do it for me.

I did move over the years in different profile, so the Eb2 was in fin and old Eb3 was in tech.

Finally the time line for you:

Talked to my boss in June 2010, Boss talked to his boss in June end. Talked to Lawyer in First week of July. Lawyer did evaluation and said I can apply in Eb2 in mid July.

My labor was applied on Dec 13th approved on Dec 21st.
I140 applied on Jan 22 in premium approved in 3 weeks.
After that I took some time since my wife was not part of my original application and we were missing her Birth certificate.
Applied for my wife's app on March 22.
I received an RFE to choose between two I140 for 485 on March 23.
Replied to RFE on April 11. Approved on April18th

My wife got her GC on May 9th

So in less than 1 year both of us have a GC.

If your wife is part of your original application you can reduce this time by 2 months easily.
So

Total you can get your GC in 9 months. And I am talking a big bureaucratic company with a lazy ass lawyer (but a great one )
__________________
---------------------------------------------------------------------------
Greened on April 18th 2011 Same Company Eb3 to Eb2 porting
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  #22  
Old 06-01-2011, 12:45 AM
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diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute
Default This is Truly awesome....

Same company porting EB3 -> EB2 doesn't succeed in 90% cases, I heard. Because you can't use the experience gained in that company... Your lawyer's also get tested .

However if there is a genuine eligibility, a GOOD attorney SHOULD BE able to close the deal.

Quote:
Originally Posted by abhishek101 View Post
As my signature will tell you I did it, I work for a fortune 10 company but was fortunate enough to get my company do it for me.

I did move over the years in different profile, so the Eb2 was in fin and old Eb3 was in tech.

Finally the time line for you:

Talked to my boss in June 2010, Boss talked to his boss in June end. Talked to Lawyer in First week of July. Lawyer did evaluation and said I can apply in Eb2 in mid July.

My labor was applied on Dec 13th approved on Dec 21st.
I140 applied on Jan 22 in premium approved in 3 weeks.
After that I took some time since my wife was not part of my original application and we were missing her Birth certificate.
Applied for my wife's app on March 22.
I received an RFE to choose between two I140 for 485 on March 23.
Replied to RFE on April 11. Approved on April18th

My wife got her GC on May 9th

So in less than 1 year both of us have a GC.

If your wife is part of your original application you can reduce this time by 2 months easily.
So total you can get your GC in 9 months. And I am talking a big bureaucratic company with a lazy ass lawyer (but a great one )
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  #23  
Old 06-01-2011, 01:33 AM
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AllVNeedGcPc is just really nice AllVNeedGcPc is just really nice AllVNeedGcPc is just really nice AllVNeedGcPc is just really nice
Thumbs up Please go ahead and do it now..

.

Last edited by AllVNeedGcPc; 06-14-2011 at 12:05 AM. Reason: N/A
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  #24  
Old 06-01-2011, 10:01 AM
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Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute Project_A has a reputation beyond repute
Default

abhishek101,
Looks like your lawyer chose to apply for 485 again instead of using the interfile option during the 140 stage? Was there any concern or you havenít applied for 485 for the EB3 application and therefore you had to apply for 485 during porting?

Thanks
Project_A

Quote:
Originally Posted by abhishek101 View Post
As my signature will tell you I did it, I work for a fortune 10 company but was fortunate enough to get my company do it for me.

I did move over the years in different profile, so the Eb2 was in fin and old Eb3 was in tech.

Finally the time line for you:

Talked to my boss in June 2010, Boss talked to his boss in June end. Talked to Lawyer in First week of July. Lawyer did evaluation and said I can apply in Eb2 in mid July.

My labor was applied on Dec 13th approved on Dec 21st.
I140 applied on Jan 22 in premium approved in 3 weeks.
After that I took some time since my wife was not part of my original application and we were missing her Birth certificate.
Applied for my wife's app on March 22.
I received an RFE to choose between two I140 for 485 on March 23.
Replied to RFE on April 11. Approved on April18th

My wife got her GC on May 9th

So in less than 1 year both of us have a GC.

If your wife is part of your original application you can reduce this time by 2 months easily.
So

Total you can get your GC in 9 months. And I am talking a big bureaucratic company with a lazy ass lawyer (but a great one )
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  #25  
Old 06-01-2011, 11:22 AM
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abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute abhishek101 has a reputation beyond repute
Default No it was original 485 for me

Quote:
Originally Posted by Project_A View Post
abhishek101,
Looks like your lawyer chose to apply for 485 again instead of using the interfile option during the 140 stage? Was there any concern or you havenít applied for 485 for the EB3 application and therefore you had to apply for 485 during porting?

Thanks
Project_A
No they filed 485 for my wife not for me. We did not send the letter to interfile at the time of applying for 140 since my wife was not part of my original application.

They did ask us to start gathering papers for her. But she was graduating from her masters and had a job offer so we wanted to file her OPT before her 485. So we delayed preparing her 485 and filed her OPT.

Once my 140 got approved. So we started preparing papers for my wife's papers. It took more than 2 months for us to get the birth certificate for my wife.

By the time it was filed my ORIGINAL 485 received a RFE to choose between two approved I-140. Once we replied with my letter they approved the Original 485 next day of receiving my letter.

As AllNeedGC said it seems the USCIS is also very supportive of these cases.

The Approved my case in 1 day after receiving the response and my wife's case also in 1 day after fingerprinting.


So all Eb3 go ahead port USCIS will be very helpful
__________________
---------------------------------------------------------------------------
Greened on April 18th 2011 Same Company Eb3 to Eb2 porting
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  #26  
Old 06-01-2011, 11:31 AM
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PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute
Default

I am thinking about the benefits you will get by porting ? Sooner Green Card -- yup.

But I would think about sooner green card, while I am doing consulting. From your position it looks like you are full time, so there is no one in between taking their share.
Guess you already have EAD. I would not take risk, as you are not stuck like us with consulting firms. 11th yr on H1V is of course a lot of pain but working with large organization has a benefit of its name in case of any query.

Unless you dont have EAD and want EAD/GC for your spouse to work or your kids getting above 18 and need help to retain them here, I would not suggest to go for porting.

Why to take a risk when everything is going smooth ?

Its just my 2 cents, you are the best judge for yourself considering the present situation you are in.

Quote:
Originally Posted by bang View Post
All

My Priority Date is Nov 2002 - EB3 , need a quick advise from you folks. Would it be beneficial if I Start porting my Priority date to EB2 now ?

1) I work for a fairly big consulting company, which would not port my priority date to EB2
2) I would have to change Company (Risk) while i am on my 11th year of H1b, with 17 more months of my H1b still valid.
3) Will need to spend Time (Don't know if it may be equal to the time required for GC in EB3 with my PD) & money on this new application.

Thoughts please !

Thanks ...
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  #27  
Old 06-01-2011, 11:42 AM
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EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts EBX-Man is infamous around these parts
Default Forget what everyone says ..

If you have eligibility to port (sponsering company, 4 years degree/MS) and your EB3 PD is way off in the future, go ahead and start your porting process.

My personal feeling about waiting for Oct 2011 is because i think that EB3 will get some spillover visas this year which will otherwise be wasted. If you are close to EB3 dates then wait till Oct 2011 and if you are way off (say 2004 and beyond) start your porting process as soon as you can
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  #28  
Old 06-01-2011, 11:48 AM
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cleopatra has a reputation beyond repute cleopatra has a reputation beyond repute cleopatra has a reputation beyond repute cleopatra has a reputation beyond repute cleopatra has a reputation beyond repute cleopatra has a reputation beyond repute cleopatra has a reputation beyond repute cleopatra has a reputation beyond repute cleopatra has a reputation beyond repute cleopatra has a reputation beyond repute cleopatra has a reputation beyond repute
Smile

Quote:
Originally Posted by diptam View Post
Same company porting EB3 -> EB2 doesn't succeed in 90% cases, I heard. Because you can't use the experience gained in that company... Your lawyer's also get tested .

However if there is a genuine eligibility, a GOOD attorney SHOULD BE able to close the deal.
Actually, there is no difference in porting even if from same company. The only requirement is that the job itself satisfy EB2 requirement and you satisfy the job requirement.

There is a misnomer that you cannot use the same company experience to port. You can use the company experience if you satisfy the job requirement. The only requirements are this:

1. The job duties should be at least 50% different from the one you are currently doing or the original job for which EB3 was applied for.
2. If you are currently in the Eb2 job, you should have satisfied the requirement when you took this job.

So if the job requires MS+2 or BS+5 and you are already in that job, you should have satisfied that requirement when you took the job. If you do not, then you cannot qualify for the Eb2.

For example, if you joined as a software engineer and then got promoted to Software Architect and if the architect requires Ms + 2 or BS +5, then when you took the job as architect, you should have satisfied the requirement.

So if you had a BS+3 when you joined as Architect, you will not qualify regardless of when you apply. Or if you joined as an engineer with BS+2 and got promoted after 2 years, you will not qualify as the total experience you had when you took the job is only BS + 4, even if you apply after a year of being promoted.

It does not matter when you apply, what is required is the condition that you qualify for the requirement when you took the job.

Also, when porting within the same company, the experience can be counted only if the experience gained is not in the same or comparable job. So you cannot join as an architect with BS + 4 and then after a year apply for EB2 with BS + 5 requirement as you will need to count the experience gained in the same position with the same company to satisfy the requirement.

On the other hand, if you joined as an engineer with BS + 2 and you got promoted to architect after 3 years, then you qualify and can count the experience gained with the employer to satisfy the architect requirement of BS + 5 as the job duties will be at least 50% different and you qualified for the job when you took the position.

Hope this helps people looking to port.

In conclusion, if the job requirement is genuine and you can prove that, there should be no issues in porting.

All the best.

P.S. I am not a lawyer and you should consult one for all legal advices.
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  #29  
Old 06-01-2011, 11:56 AM
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Sep-04
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tsnaresh has a reputation beyond repute tsnaresh has a reputation beyond repute tsnaresh has a reputation beyond repute tsnaresh has a reputation beyond repute tsnaresh has a reputation beyond repute tsnaresh has a reputation beyond repute tsnaresh has a reputation beyond repute tsnaresh has a reputation beyond repute tsnaresh has a reputation beyond repute tsnaresh has a reputation beyond repute tsnaresh has a reputation beyond repute
Thumbs up can't believe it

This is awesome... wow...we can pretty much comple the entire porting process in few weeks, provided no issues encountered and using existing (interfiling) EB3 I-485. Thank you for sharing and congratulations!!!
Quote:
Originally Posted by abhishek101 View Post
As my signature will tell you I did it, I work for a fortune 10 company but was fortunate enough to get my company do it for me.

I did move over the years in different profile, so the Eb2 was in fin and old Eb3 was in tech.

Finally the time line for you:

Talked to my boss in June 2010, Boss talked to his boss in June end. Talked to Lawyer in First week of July. Lawyer did evaluation and said I can apply in Eb2 in mid July.

My labor was applied on Dec 13th approved on Dec 21st.
I140 applied on Jan 22 in premium approved in 3 weeks.
After that I took some time since my wife was not part of my original application and we were missing her Birth certificate.
Applied for my wife's app on March 22.
I received an RFE to choose between two I140 for 485 on March 23.
Replied to RFE on April 11. Approved on April18th

My wife got her GC on May 9th

So in less than 1 year both of us have a GC.

If your wife is part of your original application you can reduce this time by 2 months easily.
So

Total you can get your GC in 9 months. And I am talking a big bureaucratic company with a lazy ass lawyer (but a great one )
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  #30  
Old 06-01-2011, 10:42 PM
Senior Member
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bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future bang has a brilliant future
Default This exactly right

Quote:
Originally Posted by PrinceVA View Post
I am thinking about the benefits you will get by porting ? Sooner Green Card -- yup.

But I would think about sooner green card, while I am doing consulting. From your position it looks like you are full time, so there is no one in between taking their share.
Guess you already have EAD. I would not take risk, as you are not stuck like us with consulting firms. 11th yr on H1V is of course a lot of pain but working with large organization has a benefit of its name in case of any query.

Unless you dont have EAD and want EAD/GC for your spouse to work or your kids getting above 18 and need help to retain them here, I would not suggest to go for porting.

Why to take a risk when everything is going smooth ?

Its just my 2 cents, you are the best judge for yourself considering the present situation you are in.
Yes, i am in a good position, promotions and good salary etc and have EAD. I just want to get done with GC and at least count my years / months to return back to India if i want to for at least couple of years and not worry of too many things and come back as and when required. I personally think this whole EB3 back log is not fair at all ... well that is me.

Thanks all for your opinions, i think i will still proceed with my porting and worry about things later.
__________________
Labor filed - Nov, 22 2002, approval - Dec 2005
140 filed - Dec, 28 2005, approval - Jan 2006
485 (EB3) - Vermont Service Center -June, 25 2007
RD - July 25th 2007
Upgraded to EB2 in July 2012.
Interfiling letter sent by Attorney on Oct 1st 2012
Opened SR on Oct 15th
USCIS Requested Interfiling Letter for upgrade (No RFE, just a Mail Response sent to me) - Oct 22
Sent Interfiling Letter & email (Personal - no Attorney) - Oct 25
Opened SR on 11/15
485 Approval - end of Nov 2012.

Last edited by bang; 06-02-2011 at 12:09 AM.
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