EB3 to EB2 Porting ( US masters but employer filed in EB3)

[Blazin_sun]

Hi All,

This is my case.

I have my US Master's degree. After getting my Master's degree I joined a consultancy. They filed my GC case in EB3. It is close to 6 years and this is only company I am working for since my Master's is completed. After many talks, my employer agreed to port my PD to EB2.

My only concern is, since I have all the experience with the current employer, Can I port my PD in EB2?

Thank you

[GCVivek]

The education and experience requirements are based of when you first started the GC processs. You cannot use anything gained after starting process with respect to education.

[Blazin_sun]

Thanks for the response Vivek

Thats true, But since I have the Masters before joining the company, can I Port to EB2? and I am completely aware that the current employer experience doesnot count.

So do you know what are the options of porting to EB2 with regards to my case


Thanks

[yagw]

Thanks for the response Vivek

Thats true, But since I have the Masters before joining the company, can I Port to EB2? and I am completely aware that the current employer experience doesnot count.

So do you know what are the options of porting to EB2 with regards to my case


Thanks

MS + 0 years was ok for EB2 a while back - should n't have changed now. BTW, it is not just your qualification. The job description has to require MS and your fellow workers doing similar job functions should be equally qualified.

[sareesh]

Blazin_sum,

You have to apply for a different position in the same company and which requires Masters + 0 or BS + 5 yrs experience. You can use current company's expereince only when the new position is >= 50% different than your current job.

Cheers,
SG.

[Blazin_sun]

Thanks Sareesh and YAGW.

That answers my question.

Sareesh,

One final concern:
"You have to apply for a different position in the same company and which requires Masters + 0 or BS + 5 yrs experience."

Would there be any Risk in doing so?

[sareesh]

Yes, there is some. IO will look your file more closely than a regular EB2. As far as your requirements and documentation are good then there should not be any problem.

Cheers,
SG.

[Blazin_sun]

"IO will look your file more closely than a regular EB2"

Would that be during the PERM Stage or during the I-140 and PD porting stage?

Thank you

[sareesh]

I really don't know at what stage. He/She may or may not look closely. This is just my opinion. You have to make your own judgement. It would really be difficult to pin point.
I think you are worrying too much. I will give you an example of asking too many questions.
I consulted a urologist for my son's surgery I started asking him several questions like
1) are there any chances of infection after surgery, he said yes but % is less
2) since my son was 3 years old, Will he hurt himself by jumping after surgery(suppose to take rest at least 24 hours). He asked me whether I will jump and run when I am in pain
3) whether your surgeries where 100% successfull ? he said yes, but he also mentioned that my son's case could be the first one to go wrong.
Atlast the urologist asked me, can you drive to the nearest street and will you guarantee me that there will be no accident?
Surgery went very well without any issues, as a father I was too worried about my son.
Moral of the story, make your own judgement.

Cheers,
Sareesh.

[Blazin_sun]

Thanks for your Moral story :)

[kishore.salla]

Definetly you can...
Requirement for new EB2 GC position should be: Masters plus zero yrs experience

But as you are porting & using same employer..Your EB3 & EB2 position should be atleast 50% different..