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  #1  
Old 04-18-2009, 03:46 PM
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wait4ever? is infamous around these parts wait4ever? is infamous around these parts wait4ever? is infamous around these parts wait4ever? is infamous around these parts wait4ever? is infamous around these parts
Default EB3 to EB2

Hi,

I have an approved labor certification in EB3 with PD of Feb. 2003. I-140 was also approved in April 2008. I am waiting for the dates to become current in visa bulletins so that I-485 application can be filed. But they've become unavailable in May 2009 bulletin for applicants from India, and it looks to me that they dates will not move forward significantly in immediate future. I am wondering if I can file my labor in PERM in EB2 again, and keep the same priority date. Can it be done? Do I need to have a change in job title/position in order to file? Can it be done through an attorney other than the employer approved one? Please advise.

Thanks,
wait4ever?
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  #2  
Old 04-19-2009, 08:31 AM
Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
10/22/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
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Join Date: Jan 2007
Posts: 38
mmrao2007 is infamous around these parts mmrao2007 is infamous around these parts mmrao2007 is infamous around these parts
Default

Quote:
Originally Posted by wait4ever? View Post
Hi,

I have an approved labor certification in EB3 with PD of Feb. 2003. I-140 was also approved in April 2008. I am waiting for the dates to become current in visa bulletins so that I-485 application can be filed. But they've become unavailable in May 2009 bulletin for applicants from India, and it looks to me that they dates will not move forward significantly in immediate future. I am wondering if I can file my labor in PERM in EB2 again, and keep the same priority date. Can it be done? Do I need to have a change in job title/position in order to file? Can it be done through an attorney other than the employer approved one? Please advise.

Thanks,
wait4ever?
Do it ASAP. I successfully ported EB3 PD to EB2. I did it with same employer and different job title. Even though USCIS is smart enough to port dates on its own, I strongly recommend to go with a good attorney.
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  #3  
Old 04-21-2009, 11:24 AM
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
04/16/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/06/2004
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Join Date: Jun 2007
Posts: 433
krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future
Default Good that you realized

Quote:
Originally Posted by wait4ever? View Post
Hi,

I have an approved labor certification in EB3 with PD of Feb. 2003. I-140 was also approved in April 2008. I am waiting for the dates to become current in visa bulletins so that I-485 application can be filed. But they've become unavailable in May 2009 bulletin for applicants from India, and it looks to me that they dates will not move forward significantly in immediate future. I am wondering if I can file my labor in PERM in EB2 again, and keep the same priority date. Can it be done? Do I need to have a change in job title/position in order to file? Can it be done through an attorney other than the employer approved one? Please advise.

Thanks,
wait4ever?
Atleast now that this is an option. This has been discussed number of times over here in IV as well as suggested as an option on popular immigration sites and also advised as an option by other immigration attorney's as well. The only condition is that you qualify for an EB2 labor. If you satisfy the PERM conditions for that you should go ahead and file that quickly and then port your application using your old PD. Consult your attorney or a good immigration attorney on how to go about doing that if your attorney is not aware of it.

-cheers
kris
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140 Approval: March 2004
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1 out of 2 members found this post helpful.
  #4  
Old 04-21-2009, 12:46 PM
Senior Member
Priority Date
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Dec-02
Category
:
EB3
I140 Mailed Date
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09/25/2005
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India
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I-485
I485 Mailed Date
:
06/15/2007
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fcres can only hope to improve
Default

Is it possible to do EB2 with only a 3yr Degree (+ 1yr PG) but 10yrs of experience?
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  #5  
Old 04-21-2009, 05:54 PM
Donor
Priority Date
:
N/A
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I140 Mailed Date
:
09/10/2008
Chargeability
:
India
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:
I-140
I485 Mailed Date
:
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Join Date: Mar 2008
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Quote:
Originally Posted by fcres View Post
is it possible to do eb2 with only a 3yr degree (+ 1yr pg) but 10yrs of experience?
no
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  #6  
Old 04-22-2009, 03:53 PM
Junior Member
Priority Date
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Jul-04
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EB3
I140 Mailed Date
:
03/24/2007
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India
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I-485
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zimmy100 is on a distinguished road
Post porting at I 140 or I 485 filing time ?

Hi

I have substitue EB3 labor with PD July 2004 and my EB2 labor PD Nov 2006.

During July 2007, I filed 485 under EB3 category.

My attorny filed I 140 (EB2) and also porting along with it. I 140 has been approved but porting was not. She did check with USCIS and they said since I 140 has been approved already nothing can be done now and I was told to wait till I 485 (EB2) filing time.

What can be done in this situation? I am not sure whether it is true or just for sake she said some thing, I feeling.

-
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1 out of 2 members found this post helpful.
  #7  
Old 04-22-2009, 05:34 PM
Senior Member
Priority Date
:
N/A
Category
:
EB3
I140 Mailed Date
:
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
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wow! they say nothing can be done? seems like even if one wants to port dates from 3 to 2 or whatever EOD its not guaranteed..
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