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  #1  
Old 11-09-2010, 11:21 PM
kumar2203 kumar2203 is offline
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Thumbs up EB2 porting

Hello gurus,

I have one doubt abt requirements to port EB2.

my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?


thanks a lot for your help
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  #2  
Old 11-09-2010, 11:57 PM
roseball roseball is offline
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Originally Posted by kumar2203 View Post
Hello gurus,

I have one doubt abt requirements to port EB2.

my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?


thanks a lot for your help
Your lawyer is wrong. You should have 5 yrs of experience at the time of EB2 PERM application.
__________________
Greened on September 3rd, 2010. (New Employer EB3 to EB2 Porting Case)
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  #3  
Old 11-10-2010, 08:39 AM
andycool andycool is offline
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Default

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Originally Posted by kumar2203 View Post
Hello gurus,

I have one doubt abt requirements to port EB2.

my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?


thanks a lot for your help
Your Lawyer is wrong....EB2 is for your current employment it has nothing to do with your previous PD .

IMHO...it was like that for Labor Substitution case ...But for new EB2 Application its not needed...find a good Lawyer.

thanks
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  #4  
Old 11-12-2010, 01:03 PM
regacct regacct is offline
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FREQUENTLY ASKED QUESTIONS - Immigration Wiki

Find answers to your questions Sect 15: Converting categories/statuses
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  #5  
Old 02-03-2011, 11:13 AM
TO BE OR NO TO BE TO BE OR NO TO BE is offline
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Default

I have a question.

I am EB3 with priority date Oct. 2006. My qualification from India is 3 years (B.Com) plus 1 year of M.com (I didn't complete the 2nd year) plus Intermediate ICWA and Chartered Accountancy. I got here in the USA in December 1999 on H1B and always maintained the status. I completed CPA in 2002 in the USA.

I did some research to port to EB2 (based on Bachelors degree plus 5 years experience) but it seems that USCIS wants 4 years continuous degree to be considered for EB2.

Is that true? Is there anyone in my situation who has done this porting successfully?

Any help will be greatly appreciate.

Thank you,

Last edited by TO BE OR NO TO BE; 02-03-2011 at 11:48 AM.
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  #6  
Old 02-03-2011, 12:42 PM
Sachin_Stock Sachin_Stock is offline
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Default

Quote:
Originally Posted by TO BE OR NO TO BE View Post
I have a question.

I am EB3 with priority date Oct. 2006. My qualification from India is 3 years (B.Com) plus 1 year of M.com (I didn't complete the 2nd year) plus Intermediate ICWA and Chartered Accountancy. I got here in the USA in December 1999 on H1B and always maintained the status. I completed CPA in 2002 in the USA.

I did some research to port to EB2 (based on Bachelors degree plus 5 years experience) but it seems that USCIS wants 4 years continuous degree to be considered for EB2.

Is that true? Is there anyone in my situation who has done this porting successfully?

Any help will be greatly appreciate.

Thank you,
That is correct. Mixing and matching with certifications doesn't work. Although I don't know about CPA, if it goes towards professional degree.
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  #7  
Old 02-03-2011, 01:05 PM
veni001 veni001 is offline
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Wink

Quote:
Originally Posted by Sachin_Stock View Post
That is correct. Mixing and matching with certifications doesn't work. Although I don't know about CPA, if it goes towards professional degree.
That's correct, also if the job requirement is Bachelor + 5 year experience is entirely different from Bachelor or equivalent +5 year experience. Also if you are considering porting with the same employer please read by clicking here, this is not to scare you but to shed some light on the process.
Good luck!
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Not a Legal advice, please check with a good immigration attorney.
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  #8  
Old 02-03-2011, 03:23 PM
CHHAYA CHHAYA is offline
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Default 3 years Bachelors

Quote:
Originally Posted by TO BE OR NO TO BE View Post
I have a question.

I am EB3 with priority date Oct. 2006. My qualification from India is 3 years (B.Com) plus 1 year of M.com (I didn't complete the 2nd year) plus Intermediate ICWA and Chartered Accountancy. I got here in the USA in December 1999 on H1B and always maintained the status. I completed CPA in 2002 in the USA.

I did some research to port to EB2 (based on Bachelors degree plus 5 years experience) but it seems that USCIS wants 4 years continuous degree to be considered for EB2.

Is that true? Is there anyone in my situation who has done this porting successfully?

Any help will be greatly appreciate.

Thank you,
I also have 3 years bachelors. My lawyer told me that EB2 cannot be approved with 3 years bachelors and even if we try we are taking risk of having USCIS dig approved Eb3 labor and I140.
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  #9  
Old 02-03-2011, 03:50 PM
maddipati1 maddipati1 is offline
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Default Bach Equi + 5 yrs exp = EB2 ?

anyone know if,

Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs )

+ 5 years Experience

qualify for EB2 ?

thanks,




Quote:
Originally Posted by CHHAYA View Post
I also have 3 years bachelors. My lawyer told me that EB2 cannot be approved with 3 years bachelors and even if we try we are taking risk of having USCIS dig approved Eb3 labor and I140.
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  #10  
Old 02-03-2011, 04:04 PM
veni001 veni001 is offline
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veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute
Default

Quote:
Originally Posted by maddipati1 View Post
anyone know if,

Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs ) + 5 years Experience

qualify for EB2 ?

thanks,
I think it can be, but when the job requirement Bachelor Equivalent+ 5Year then it opens up for a wide range.

You can show BS equivalence by 3 yr degree+1 yr degree or 3yr degree + 2 yr degree.....etc

For additional info Please click here or here
__________________
Not a Legal advice, please check with a good immigration attorney.
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  #11  
Old 02-03-2011, 04:27 PM
maddipati1 maddipati1 is offline
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Default thank you

thank you veni, that is very informative and solid reference.

looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?

BS+5years is equivalent to having an Advanced degree.
But, I think its BS+5yrs, not BS Equivalent + 5 yrs.



Quote:
Originally Posted by veni001 View Post
I think it can be, but when the job requirement Bachelor Equivalent+ 5Year then it opens up for a wide range.

You can show BS equivalence by 3 yr degree+1 yr degree or 3yr degree + 2 yr degree.....etc

For additional info Please click here or here
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  #12  
Old 02-03-2011, 05:53 PM
veni001 veni001 is offline
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Default That's correct

Quote:
Originally Posted by maddipati1 View Post
thank you veni, that is very informative and solid reference.

looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?

BS+5years is equivalent to having an Advanced degree.
But, I think its BS+5yrs, not BS Equivalent + 5 yrs.
That's correct.
Good luck!
__________________
Not a Legal advice, please check with a good immigration attorney.
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  #13  
Old 02-03-2011, 06:09 PM
ryan ryan is offline
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Default

Quote:
Originally Posted by Sachin_Stock View Post
That is correct. Mixing and matching with certifications doesn't work. Although I don't know about CPA, if it goes towards professional degree.
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
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  #14  
Old 02-03-2011, 06:29 PM
TO BE OR NO TO BE TO BE OR NO TO BE is offline
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Default

Quote:
Originally Posted by ryan View Post
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
Hi Ryan,

Do you know anyone have done that? Like you personally or anyone you know? Have they got I-140? I read that its possible to get PERM Labor done under EB-2, but USCIS gives real hard time at I-140 stage.

Appreciate your help!

Thank you
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  #15  
Old 02-03-2011, 06:51 PM
Sachin_Stock Sachin_Stock is offline
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Default

Quote:
Originally Posted by maddipati1 View Post
anyone know if,

Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs )

+ 5 years Experience

qualify for EB2 ?

thanks,
Your Masters should suffice for the educational requirements. 3-year Bachelors is irrelevent in this context. However your job position must nessiccitate the Master's qualification.
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