Is it worth trying to port from EB3 to EB2 (PD: July 2003)

[karthikgk]

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.

[pkamthekar]

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....:D

[RaOne2011]

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.

[bpratap]

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.

[pkamthekar]

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 ?

[abhishek101]

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.



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.

[bang]

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.

[chakdepatte]

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.

[giri26]

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.

[snsharda]

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

[MahaBharatGC]

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 :mad:) 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 :mad:).

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...

[karthikgk]

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 :)


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.

[rkg000]

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.

[sparky_jones]

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.

[kishore.salla]

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...

[bpratap]

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...

Don't be pessimistic / spread pessimism about H.R 3012. It will Pass.

However, if anybody have an opportunity to Port to EB2. that would be the best thing to do. not only for yourself & your family, but also, it would be a great help for rest the people stuck in EB3 as you would be helping ease up the EB3 Queue

[never_giveup]

I had ported from EB-3 to EB-2 successfully. Started the process in the April of 2011 and was aproved in Jan 2012. I-140 was under premium processing. Lost some time in between due to back and forth, but had no RFEs anywhere.
After having waited so long, I didn't want to wait for HR3012, even though I had to pay out of pocket.
If anyone needs any specific info, pm me and I shall be glad to provide you more info.
Also, one of the threads which has lotsa useful info on porting and where most of the porting folks hang out is below. Check it for first hand info from several folks like me.

http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/2213882-interfile-porting-and-485-questions-45.html

[boston_gc]

Port to EB2..

I was sitting on the fence thinking that it doesn't make a business sense for the employer to spend money. Then, I got another job opportunity that gave me the courage to ask my existing employer. It was absolutely no problem.

I started the process in Oct 2010. It took me about 2 months to finalize the job description. But once the process started, it went real well and by October 2011, by the grace of God, I had GC in my hand. Fortunately I didn't have to pay but even if I had to, I would have paid for it from my own pocket.

My 2 cents: Please, please, please if you have an option, try to port to EB2. We live in a very uncertain world and updating to EB2 will bring you one step closer to some stability and flexibility.

[vhd999]

Hi,

I have sent you a PM. Can you please reply. Thanks.

I had ported from EB-3 to EB-2 successfully. Started the process in the April of 2011 and was aproved in Jan 2012. I-140 was under premium processing. Lost some time in between due to back and forth, but had no RFEs anywhere.
After having waited so long, I didn't want to wait for HR3012, even though I had to pay out of pocket.
If anyone needs any specific info, pm me and I shall be glad to provide you more info.
Also, one of the threads which has lotsa useful info on porting and where most of the porting folks hang out is below. Check it for first hand info from several folks like me.

http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/2213882-interfile-porting-and-485-questions-45.html

[RaOne2011]

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 ?

I am not sure....depends when the PERM will be filed i guess but I am guessing March PERM can be filed. I 140 premium may not be possible with employer unless i pay on my own...just have to wait and see.

I think Summer will be too optimistic but definitely hoping to have by end of the year. Lets see!!! Good luck!!

[little_willy]

As others have already said, please try to port to EB-2. I started my process in Feb 2011 and received my GC in Oct 2011, so the whole process took less than 10 months and is definitely worth it.
I moved to a different employer as my previous employer was not willing to upgrade to EB-2. No RFE, nothing. My GC got approved the same day my I-140 was approved, of course having both my applications in the same service center (TSC) helped. Good Luck.

[raj7480]

I started my process in Sep 10 and got my card in mid May 11. I did not wait. As soon as I had an opportunity, I started the process and made sure it was moved quickly without any delay from employer or attorney. No RFE. 140 Premium processing and everything went smooth. If you have to spend some money, DO IT. IT IS 100% WORTH IT.

[pp2007]

People who spend money from your own pocket, how much did the whole porting process cost you in total without premium processing?

[sareesh]

According to my attorney, it is 10305.00 (including legal fees and I140 premium processing).


Thanks,
Sareesh.

[SAP]

Folks

Need advice, like every one else i am in EB3 been waiting for a long time, my wifes company is willing to apply in EB2,
My current petition i am the primary and we both are working on EAD's. now in this scenario will we be able to port our priority dates. also if anyone can be help with specific steps which we need to tell the attorney. is there a difference between porting and interfiling?

all help appreciated.

SAP
PD 08/2003

[RaOne2011]

I started my process in Sep 10 and got my card in mid May 11. I did not wait. As soon as I had an opportunity, I started the process and made sure it was moved quickly without any delay from employer or attorney. No RFE. 140 Premium processing and everything went smooth. If you have to spend some money, DO IT. IT IS 100% WORTH IT.

Can you please let me know if September 2010 is when the PERM was filed or the PERM process had begun? My company has been preparing for my PERM for already 4-5 months now. Also, do you know how much extra does it cost to do I-140 premium processing. Thanks.

[what_now]

According to my attorney, it is 10305.00 (including legal fees and I140 premium processing).


Thanks,
Sareesh.

probably inflated figure. Its not more than 5K. Because you are not filing for 485. You are just doing PERM, 140 and PP maybe.

[SAP]

Folks
can i do porting in my current situation,
currently i am the primary, now my spouses company is sponsoring, can we use the OLD EB3 PD where i am the primary and my spouse is derivative for new EB2 filing. bcoz this time i am not the primary ? please clarify


SAP

[Sachin_Stock]

It's definitely worth every penny, every dollar to invest in this exercise of porting.

[Sachin_Stock]

Folks

Need advice, like every one else i am in EB3 been waiting for a long time, my wifes company is willing to apply in EB2,
My current petition i am the primary and we both are working on EAD's. now in this scenario will we be able to port our priority dates. also if anyone can be help with specific steps which we need to tell the attorney. is there a difference between porting and interfiling?

all help appreciated.

SAP
PD 08/2003


Both are the same, and one thing. There's no such legally defined term as "Porting". You simply RECAPTURE your earlier date and get adjusted to 'ADVANTAGEOUS' category, which happens to be Eb-2.

[abhishek101]

Just remember I started the process in late Dec 2010

Labor Started advertising in July end
Applied for Labor on Dec 13th Approved Dec 21st

I140 Premium Applied on Jan 28th Approved Feb 18th

At this point I had to apply for my Wife's 485 since she was not part of my original 485 and we faced few issues
1. She did not have a birth certificate with her name
2. We had just applied for her OPT and were not sure what to do

so we delayed for 1 month to give enough time for OPT approval and get the paperwork for birth certificate

On March 21st we filed for her 485 (still no letter for porting my 485)

On April 4th an RFE was issued on my old 485 asking for an status update
replied to RFE on April 14th
Approved on April 21st

Now if my wife was part of original application I would have received the GC in March


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.

[abhishek101]

Just remember I started the process in late Dec 2010

Labor Started advertising in July end
Applied for Labor on Dec 13th Approved Dec 21st

I140 Premium Applied on Jan 28th Approved Feb 18th

At this point I had to apply for my Wife's 485 since she was not part of my original 485 and we faced few issues
1. She did not have a birth certificate with her name
2. We had just applied for her OPT and were not sure what to do

so we delayed for 1 month to give enough time for OPT approval and get the paperwork for birth certificate

On March 21st we filed for her 485 (still no letter for porting my 485)

On April 4th an RFE was issued on my old 485 asking for an status update
replied to RFE on April 14th
Approved on April 18th

Now if my wife was part of original application I would have received the GC in March


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.

[Sachin_Stock]

Mine was pretty much along similar time-line.

* Started the process in July-2010
* Filed labor in Oct 2010. Approved within 3 weeks.
* Filed 140 in mid-Feb 2011. It was premium filing. Got approved within a WEEK
* I-485 approved within 1 week after 140 approval, for me and my spouse

So, within 7-8 months time-frame, I was greened.

Same Company, EB-3 to EB-2

[cs.0]

Since I have EB3 I485, is it necessary to file I485 again after porting from Eb3 to Eb2 once Labor and I140 of Eb2 is cleared. Pls give ur suggestions.

[bpratap]

Since I have EB3 I485, is it necessary to file I485 again after porting from Eb3 to Eb2 once Labor and I140 of Eb2 is cleared. Pls give ur suggestions.

As far as I know. once I-140 is approved. lawyer can send a letter to USCIS to reference existing I-485 with your new case. you don't need to re-file I-485

[gc_dreamer_2010]

I did and got my GC in about a year's time...cost me about 4Gs more than what I had already spent, but can't complain for the peace of mind it got me. Then again, if 3012 does pass, I am not even sure how long it will take for ALL EB3 or one's particular EB3 date to get current..Actually does anyone know if all EB3 will become current if 3012 passes?

In my case, I was with a big fat good for nothing except big name non-desi employer who did not do EB3 inspite of my Master's and long hours of continuous work days..then I switched to a smaller employer who was so so nice..did my AC21 for free...and within a year also re-filed labor and I140 under EB2 for me...I still had to pay costs after Labor for premium I140 etc...but I think it was worth it.

* Filed Wage determination 12/19/2011
* Wage determination approved 1/24/11
* Labor filed June 14th 2011
* Labor approved 10/19/11
* I140 premium filed 11/23/11
* I140 premium approved with recaptured PD of Nov 2005 11/29 (yes..can you believe it?? 4 Business days!!)
* 485 Approved for me and wifey..24th January Two Thousand and twelve, 6:04 PM!!!
* Got the cards in the mail in another week's time.
For me..it was worth it to port it.

[h1techSlave]

I hear that USCIS has become very strict in approving labor now a days. Any one has experience?