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  #1  
Old 02-21-2012, 07:27 PM
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Default Is it worth trying to port from EB3 to EB2 (PD: July 2003)

Friends,

I am one of the EB3 hopefuls, waiting for HR3012 to pass (my wife and I have contributed to IV). My PD is July 2003.

I have an EAD and have invoked AC21. I probably should have tried porting before, but for whatever reason I did not.

My question is:
If my current employer agrees, should I try to port my application to EB2? Or should I just wait (my EB3 PD is July 2003).

Appreciate any inputs.
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  #2  
Old 02-21-2012, 07:39 PM
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Talking At least start the process

Karthik,

My PD is Aug 2003 (Work)
I had talked to my employer about porting back in Nov 2011 and he had agreed.
But because at that HR 3012 was moving really fast I asked the lawyers to hold off and lost 2/3 months of porting.

I know eventually HR 3012 will pass, but we don't know the time frame and cant wait forever.

Now I have decided to start the porting process and take my chances....
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  #3  
Old 02-21-2012, 07:49 PM
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Default

My PD is Feb 2003 (EB3-India). I have been trying to port for last 1.5 years but did not happen due to manager negligence. Finally, October of last year they started the process, currently is labor testing phase. Lawyers expect to file in next 1-2 months. I want to move forward with it as I am not losing anything (experts, correct me if i am wrong). If and when HR3012 happens, my EB3 petition is still in place.
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  #4  
Old 02-21-2012, 08:08 PM
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Default Port to EB2

Quote:
Originally Posted by karthikgk View Post
Friends,

I am one of the EB3 hopefuls, waiting for HR3012 to pass (my wife and I have contributed to IV). My PD is July 2003.

I have an EAD and have invoked AC21. I probably should have tried porting before, but for whatever reason I did not.

My question is:
If my current employer agrees, should I try to port my application to EB2? Or should I just wait (my EB3 PD is July 2003).

Appreciate any inputs.
Always good to Port to EB2 if that's possible.
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  #5  
Old 02-21-2012, 08:10 PM
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Default

RaOne,

You said the Labor is still in testing phase? How long do you think it will take to clear?
Do you plan to file the 140 in premium ?

I wonder if you will get the GC before summer ?
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  #6  
Old 02-21-2012, 11:43 PM
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Default Definitely go for it

Take your destiny in your hand, with politics what is possible today can change tomorrow. I did it in late 2010 and got my GC in less than 8 months and that is working for a Fortune 10 company so the process was extremely slow.



Quote:
Originally Posted by karthikgk View Post
Friends,

I am one of the EB3 hopefuls, waiting for HR3012 to pass (my wife and I have contributed to IV). My PD is July 2003.

I have an EAD and have invoked AC21. I probably should have tried porting before, but for whatever reason I did not.

My question is:
If my current employer agrees, should I try to port my application to EB2? Or should I just wait (my EB3 PD is July 2003).

Appreciate any inputs.
__________________
---------------------------------------------------------------------------
Greened on April 18th 2011 Same Company Eb3 to Eb2 porting
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  #7  
Old 02-22-2012, 09:26 AM
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Default Can you specify the timing ?

Quote:
Originally Posted by abhishek101 View Post
Take your destiny in your hand, with politics what is possible today can change tomorrow. I did it in late 2010 and got my GC in less than 8 months and that is working for a Fortune 10 company so the process was extremely slow.
abhishek

Can you specify the timing in these steps ?
1) Time taken for Perm approval
2) 140 Approval (i am guessing you did premium)
3) Time taken after 140 till you got the GC (if possible can you list the steps ?)

I am going through the process and wanted to know the timing.
__________________
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.
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  #8  
Old 02-22-2012, 09:47 AM
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Angry dont port if you have to pay

if you have your EAD and if it does not cost a penny to port, go for it. i have seen a lot of folks do it. it could take up to 8 months to 1.5 yrs.
LC = 5 months approx.
140 - 4 months
portability follow-up - 2 mnths approx
GC - 4 months - approx
and add your company HR/Legal negligence time - forever.

just few months ago I had the option but the company was charging 10K because they had no business case in re-filing my EB2. Knowing that it is illegal to charge employee they planned the 10k reimbursement in other ways.

3012 just passed in the house that time and it will pass in the senate too but it may take some time. hopefully this year. but till then I will take the gamble, save my 10K and enjoy my EAD.

However, don't be complacent, support HR012 with action items and donations however you can, even spread the word to others who don't know about it. I have a dozen employees in the office with PD in 2003 and 2004 and don't even bother to look at the bulletin on developments. They don't give a damn to the GC process.
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  #9  
Old 02-22-2012, 10:27 AM
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Default

you guys are lucky, at least your company is ready to do the switch. I work for a big firm and they are not ready to upgrade. I even have the masters from US. I work for a big firm and I am kind of on the fence to switch jobs. Well anyways I have decided to give about a year for HR 3012 and then probably leave the country. 10 year association but my wife has wasted 4 years already sitting at home and I guess I cannot be selfish waiting forever.
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  #10  
Old 02-22-2012, 10:51 AM
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Default EAD is not a status

In my personal opinion, EAD is not a status. Only GC is a status.
Laws can change anytime for better or worse.
Anyone who has an option to port should seriously consider porting. It is an investment in your own personal future. I am working on mine.

Just my .02
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  #11  
Old 02-22-2012, 10:52 AM
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Arrow I am trying to Port EB2 boat too...

All - I recently switched to new consulting company through whom I am trying to port my EB3 to EB2.
I am in this country for 13 years and no GC and I am sure if HR 3012 or something like that (similar to rare cosmic resurgence?) does not happen, I will be waiting forever while having grand grand kids...sorry being sarcastic but apparently that is what I feel.

Honestly, the biggest problem of not having GC is inability to have continuous employment (EAD renewal delays and employment terminations - big hassles ) and inability to travel immediately if you do not have valid AP (AP renewal is 3 to 4 months, why for the GOD SAKE and that too every year? TOO GREEDY and LAZY USCIS ).

So, I do support HR 3012 and contributed little bit from side, but on the other hand, I did change company due to two reasons.
First, I need to get my GC and get out of the hassles and on the side note, I would love to get different domain experience for my own satiation.

I am trying.....shall see what is in my future...
__________________
---------------------
Contribution: 100/- & 50/- & 100/- & 6 months recurring 25$
EB3 priority: March 24 2004
I-485 Receipt Date: July-25-2007
*************************
Since year 2000 GC process is like Maha Bharat Saga...
---------------------
yE dESa mEginA, yendugAliDina
yE pITha mekkinA, yevvaredu raina
pogaDarA, nI talli bhoomi bhAratini
niluparA, nI jAti ninDu garvammu
lEdurA iTuvanTi BoodEvi yendu
lErurA manavanTi pouru linkendu...
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  #12  
Old 02-22-2012, 12:21 PM
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Default Thanks - I will talk to my employer

Thanks all for your answers. I

will talk to my employer to see what they say. I hope they don't ask me to foot a huge bill - if it is within reasonable limits (~$5k), I am willing to take a bet.

Pray for me please - I will do likewise for the rest of you


Quote:
Originally Posted by abhishek101 View Post
Take your destiny in your hand, with politics what is possible today can change tomorrow. I did it in late 2010 and got my GC in less than 8 months and that is working for a Fortune 10 company so the process was extremely slow.
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  #13  
Old 02-22-2012, 12:24 PM
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Default Couldn't have said it better

Quote:
Originally Posted by snsharda View Post
In my personal opinion, EAD is not a status. Only GC is a status.
Laws can change anytime for better or worse.
Anyone who has an option to port should seriously consider porting. It is an investment in your own personal future. I am working on mine.

Just my .02
Cannot be put better.
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  #14  
Old 02-22-2012, 01:03 PM
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Default

Quote:
Originally Posted by snsharda View Post
In my personal opinion, EAD is not a status. Only GC is a status.
Laws can change anytime for better or worse.
Anyone who has an option to port should seriously consider porting. It is an investment in your own personal future. I am working on mine.

Just my .02
Very well said...I give the same advice to my friends who hold the belief that once you have the EAD, you are "all set". This is a land of frequently changing laws, and until you cross the "adjustment of status" boundary, you are exposed to a great risk.
__________________
EB3 - India (PD:Aug 2003)
I-140 Approved (PP): 06/14/2007 by TSC
I-485 RD: 7/23/2007 (TSC)
New EB2 I-140 Approved: 12/5/2011 (TSC)
Interfiled 12/15/2012
Greened on Feb 10, 2012!
Total Contribution: $200
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  #15  
Old 02-22-2012, 02:54 PM
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Default

If you employer is willing to pay & do EB2 for you, There is no point in waiting.
As you never know when these bills HR3012..will come into effect...
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