View Full Version : EB3--EB2 Porting
pani_6
09-10-2009, 12:26 PM
What is the time line..how long PERM would take and how lon I-140 will take..??..
guys any idea..any useful inputs would be appreciated..:)
sanju_dba
09-10-2009, 12:52 PM
1yr
pani_6
09-10-2009, 01:04 PM
Thanks Sanju,
How many months PERM and how many months I140 any idea..is getting thro PERM tough becaise of bad economy?..how about the ccosts involved..??.
sanju_dba
09-10-2009, 01:14 PM
Thanks Sanju,
How many months PERM and how many months I140 any idea..is getting thro PERM tough becaise of bad economy?..how about the ccosts involved..??.
i didnt do the math, but my attorney was just giving some numbers over her head.
sanjuu
09-10-2009, 02:26 PM
Hi Guys,
My EB3 PD is October 2003. GC applied from company X, now working in company Y using EAD and AC-21. Now, if my current employer Y, or future employer Z start EB2 processing ( based on work ex and Masters degree) what happens if my PERM Labor or I-140 gets denied due to some issue? Will I still be able to continue on my EB3? This information is very important deciding factor for me. Please help.
Thanks
SB
vikbar
09-10-2009, 02:39 PM
I think EB3 process will not get effected. You should confirm with your lawyer though.
pani_6
09-10-2009, 02:43 PM
One wont affect the other..
lj_rr
09-10-2009, 02:55 PM
One can affect the other.
Specially if you are in same company.
I know someone who applied in EB2 and then the old one got messed up and was marked as withdrawn (not by her company, but by DOL).
At the end she decided to give up the old one and just use the new one.
This may not always happen, but just depends on your luck.
Note that experience in current company can't be used to become eligible for EB2, if you have that from the previous companies it is fine.
Also heard that PERM approvals are taking long time. With the new types of RFEs and strict audits , can't think of going through another round of PERM and I-140.
They are going to scrutinize every bit of I-140.
One wont affect the other..
sanjuu
09-10-2009, 04:10 PM
Thanks for your replies guys. It is not through the same company. My previous employer applied for my GC in EB3. Now, I am working in a different company in EAD and AC21. I am thinking of exploring the opportunity to ask my current employer to start the process in EB2 while my EB3 is still pending(initiated by my old employer). How long is the PERM process now? How long is the I-140 process? How much is the legal fees?
Thanks
SB
cooldude0807
09-10-2009, 04:14 PM
I just asked my lawyer the same question & he said it will take atleast a year for PERM & I-140 to process.
sanjuu
09-10-2009, 04:20 PM
Is it not worth it if the porting can be done successfully? In almost a year time you will be current.
thomachan72
09-10-2009, 04:22 PM
Thanks for your replies guys. It is not through the same company. My previous employer applied for my GC in EB3. Now, I am working in a different company in EAD and AC21. I am thinking of exploring the opportunity to ask my current employer to start the process in EB2 while my EB3 is still pending(initiated by my old employer). How long is the PERM process now? How long is the I-140 process? How much is the legal fees?
Thanks
SB
let us say you put in a new EB2 labor and it gets aproved in one year and then you do the 140 premium you are looking at approx 1 year 1 month. My question is; one EB2, 140 is cleared can you use the previous EB3 PD (yours seems to be 2003) and file 485??
Green.Tech
09-10-2009, 04:29 PM
Is it not worth it if the porting can be done successfully? In almost a year time you will be current.
It is not as easy as you guys are making it sound. I am not trying to discourage anyone but there are quite a few ifs in this economy.
- The company may not be willing to file EB-2 for you (financially or politically)
- It may be difficult to find another company in this economy who is willing to sponsor you
- Chances are high that your PERM may be audited because of tighter DOL policies due to the bad economy. In this case, folks from Oct 2007 are still waiting to hear back on their PERM cases.
- A lot of EB-2 cases are getting audited in this economy
- A lot of EB-2 cases are being denied in this economy
- Your company may receive a lot of resumes when they start your EB-2 advertisements
- Even if all goes well, USCIS may never port you to EB-2. There is not set rules/forms for interfiling etc. so even after all this pain, USCIS may still show you as EB-3 in its system
But then again: If you don't try for something, you have no chance of getting it!
sanjuu
09-10-2009, 04:51 PM
I agree with you ..certainly it is not easy as it sounds. The first few points you mentioned, and certainly I agree with you that the most difficult part is finding an employer who will file for me in EB2. But what is the alternative? wait in the EB3 lines for years after years and hoping that IV will do something or there will be a CIR ? My point is whatever happens, whether you get it or not ultimately, but you will know that you tried. You tried your best in all possible options and then you didn't get. You can't just sit there waiting for some miracle to happen. One more point of optimism. I think the market is rebounding and 6 months down the line economy will be in a much better shape than what it is now. By the time you pursue your employer and you actually file for EB2 Labor, the situation might not be as bad as it looks right now. I know it's not easy but it's the HOPE that will keep you moving forward. Not a standstill situation like this.
sanjuu
09-10-2009, 04:53 PM
Yes, that's what porting of priority date means. Even when you are filing your I-140 in EB2, you will have to do the porting. You can do it after you I-140 and while filing 485 but that's more complicated process than doing at the begining of I-140.
=======================================
let us say you put in a new EB2 labor and it gets aproved in one year and then you do the 140 premium you are looking at approx 1 year 1 month. My question is; one EB2, 140 is cleared can you use the previous EB3 PD (yours seems to be 2003) and file 485??
=======================================
Green.Tech
09-10-2009, 04:54 PM
I agree with you ..certainly it is not easy as it sounds. The first few points you mentioned, and certainly I agree with you that the most difficult part is finding an employer who will file for me in EB2. But what is the alternative? wait in the EB3 lines for years after years and hoping that IV will do something or there will be a CIR ? My point is whatever happens, whether you get it or not ultimately, but you will know that you tried. You tried your best in all possible options and then you didn't get. You can't just sit there waiting for some miracle to happen. One more point of optimism. I think the market is rebounding and 6 months down the line economy will be in a much better shape than what it is now. By the time you pursue your employer and you actually file for EB2 Labor, the situation might not be as bad as it looks right now. I know it's not easy but it's the HOPE that will keep you moving forward. Not a standstill situation like this.
I totally agree; hence the last line in my previous post was - If you don't try, you will never get it.
waitingmygc
09-10-2009, 05:06 PM
I think there is big misconception while porting/filing EB-2 with same company though which one already has EB-3.
If the job title and role is higher than the EB-3 job title and role, then the persons previous experience with the same company counts, so eligible for EB-2. No worries.
sanjuu
09-10-2009, 05:12 PM
So guys, in a positive note, instead of wasting time in checking the September-October-November visa bulletins, I seriously feel I should first increase my abilities and then start searching for job and employer who will be ready to sponsor me. Cheer up guys ...it's not all so dark.
SB
pani_6
09-10-2009, 05:42 PM
GC is for future and so you can have a compay sponsor you..and work for them when 485 is filed..I am worried about the costs..should shell out close to 10 K I think when everything is done...another note is not everybody is eligible for I-140 Premium..you have to wait the normal lenght..its limited..to only few situations..that what I think..
I am thinking that if the health care debate does not go anywhere..how on earth will the immigration debate go..so CIR is a Big Zero guys..IMHO...let port..
indyanguy
09-11-2009, 10:24 AM
I think there is big misconception while porting/filing EB-2 with same company though which one already has EB-3.
If the job title and role is higher than the EB-3 job title and role, then the persons previous experience with the same company counts, so eligible for EB-2. No worries.
To use the experience gained from the same company, the responsibilities should be 90% different from the previous position. This is a little iffy if you are working on the same team. Say your EB3 position was Software Engineer. You cannot file for Senior Software Engineer or Team Lead or Architect in EB2 as it would be difficult to prove that the new position is a lot different from the previous one
indyanguy
09-11-2009, 10:27 AM
[QUOTE=pani_6;874628]another note is not everybody is eligible for I-140 Premium..you have to wait the normal lenght..its limited..to only few situations..that what I think..
QUOTE]
I believe only EB1C, Labor Sub 140s are not eligible for PP. EB2 should be eligible.
sriramkalyan
09-11-2009, 10:37 AM
Do any one has info on companies whICH are hiring and porting EB3 -> EB2.
eb2_mumbai
09-11-2009, 11:00 AM
One wont affect the other..
Porting has some risk's involved there have been cases where once Eb2 was approved the dates were not ported from old labor. Sometimes calling service center can help but other times you just keep hitting the wall with the dates.
akilhere
09-11-2009, 11:17 AM
To use the experience gained from the same company, the responsibilities should be 90% different from the previous position. This is a little iffy if you are working on the same team. Say your EB3 position was Software Engineer. You cannot file for Senior Software Engineer or Team Lead or Architect in EB2 as it would be difficult to prove that the new position is a lot different from the previous one
Why not? As a part of one's career growth, the job duties change over a period of time. So if a person applied for a SE position but after 7 years is an Architect, what's wrong with that progression? I've seen careers change overnight with the person being there at the right time and right moment.
indyanguy
09-11-2009, 11:31 AM
Why not? As a part of one's career growth, the job duties change over a period of time. So if a person applied for a SE position but after 7 years is an Architect, what's wrong with that progression? I've seen careers change overnight with the person being there at the right time and right moment.
As much as I would like it to be like that, USCIS does not interpret experience gained from the same company like the way you and I do. Per my lawyer and other posts in this and other websites, it's necessary that the responsibilities are wayyy different from the previous one to be confident of a EB2 approval.
Here's one:
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/19783-eb3-to-eb2-is-possible-in-same-comapny.html#post257530
pd_recapturing
09-11-2009, 11:40 AM
Well, I think, I am a veteran player of this EB3 to EB2 porting. Let me explain my case in brief to set the context. I applied my first EB3 labor (lawyer screwed up here, applied in EB3 and told me that its in EB2) back in May 2004 and got it approved in 2006. Applied EB3 140, got it approved in 2006. Applied another labor in Late 2006 under eb2 category and got it approved in June 2007. Applied EB2 140 in June 2007 with premium processing and suddenly July Fiasco happened so applied 485 with previously approved eb3 140. Later on, got eb2 140 approved with same PD of May 2004. Now the actual nightmare starts. Have been sending tons of letters via lawyer and myself for interfiling but never received any confirmation that my 485 is being processed in eb2. Have been current 3 times based on my eb2 but still unapproved. Senators and Congressmen inquires have gone in vain. I am still current and will be current in Oct as well but not sure if interfile has been successful. I have seen lots of these kind of cases approved from NSC but TSC is not very efficient in dealing with these kind of cases ..Still waiting ...struggling ..
So bottomline is
1) you can apply 2nd labor from same company thats what I did
2) not sure if you can use experience from same company but I guess, u should be
3) In my opinion, your existing 140 will not have any bad consequence if something goes wrong with new labor/140.
4) There are two parts of it a) porting the PD b) Interfiling new 140 with existing 485
5) Some ppl file a new 485 with new 140 also but not sure if it helps
6) Get ready for a long journey esp if your case is with TSC
Ask me if you have any questions ....
pd_recapturing
09-11-2009, 11:41 AM
^^Deleting^^
pani_6
09-11-2009, 02:23 PM
[QUOTE=pani_6;874628]another note is not everybody is eligible for I-140 Premium..you have to wait the normal lenght..its limited..to only few situations..that what I think..
QUOTE]
I believe only EB1C, Labor Sub 140s are not eligible for PP. EB2 should be eligible.
Are you sure about this..??..So any normal App can get PP for I-140..good to know that..Can you provide a USCIS link to confirm that..Also it does seem that the eb-3 date is April 01 instead of 02 as in the mumbia bullettin..??
indyanguy
09-11-2009, 02:35 PM
[QUOTE=indyanguy;878662]
Are you sure about this..??..So any normal App can get PP for I-140..good to know that..Can you provide a USCIS link to confirm that..Also it does seem that the eb-3 date is April 01 instead of 02 as in the mumbia bullettin..??
Here you go.. this is the news article after USCIS reinstated PP recently.
Premium Processing Service for Form I-140 cases is Back! :: Visa Lawyer Blog (http://www.visalawyerblog.com/2009/06/premium_processing_service_for.html)
Quote from link:
"Premium Processing Service is still not available for Form I-140, Immigrant Petition for Alien Worker, involving EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver."
pani_6
09-11-2009, 03:01 PM
This is from immigration-law.com..so looks like there is no movment of PERM cases for 2009 at all ..right// they are still taking Nov 2008 cases...
08/17/2009: PERM Labor Certification Processing Times as of July 31, 2009 - STANDSTILL!!
No change between 06/30/2009 and 07/31/2009.
Final Review November 2008 Receipt Cases
Audit October 2007 Receipt Cases
Standard Appeal July 2007 Receipt Cases
Gov't Error Appeal C
akilhere
09-11-2009, 03:11 PM
As much as I would like it to be like that, USCIS does not interpret experience gained from the same company like the way you and I do. Per my lawyer and other posts in this and other websites, it's necessary that the responsibilities are wayyy different from the previous one to be confident of a EB2 approval.
Here's one:
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/19783-eb3-to-eb2-is-possible-in-same-comapny.html#post257530
Thanks for providing some links on it. But as some of those links suggest, it can be done with the same company if the applicant has been "promoted". When an applicant is promoted a lot of duties and responsibilities change but there are still some significant duties that the applicant carries from the previously held position. It need not be a 90% change. I'm pursuing a similar porting where my new job responsibilities have been added to my already existing duties. I guess, it needs to be evaluated case by case. Porting, just for the sake of PD processing, has no basis and will be denied in most cases.
In my case, i've been with my company for 11 years and my duties in my labor petition were based on the experience that i had when i joined the company. So if nothing changed in my role for the past 11 years, i might as well be replaced by a machine!
vegasbaby
09-11-2009, 03:39 PM
Hi,
On porting I have a question. I am a novice in this area. Not that I am doing it but was considering & curious to know. However, in this economy, companies are discouraging filing labors in 1st place let alone EB2.
But say I get my EB2 - PERM approved on Aug 2010 & I-140 - EB2 gets approved say Jan 2011. Now my question is -
1. When can I file for I-485? My EB3 - PD is Nov 2004.
2. Can I file ONLY when my EB2 PD becomes current??? or if my EB3 PD under EB2 is current, i.e. Can I file only when EB2-I becomes Aug 2010 & then port using my old PD or If EB2 is Dec 2004 (which is past my EB3 PD), I can file & then port??
Thanks,
rahulp
09-11-2009, 03:47 PM
Biggest reason behind the EB3 retrogression is the change in visa spilloverrule by Visa Office sometime last year. If the Visa Office goes back to the previous interpretation, EB3 dates will move ahead pretty fast.
It's an admin procedure and this does not require legislative changes. We (EB3-I and EB3-ROW) should come up with a draft and follow up with visa office for reverting back to the process they had before. We in EB3 category would have to stand up for it. This has been posted many times but IV is not ready to take this up (visa allocation process change that happened last year and screwed EB3 big time).
rahulp
09-11-2009, 03:48 PM
Biggest reason behind the EB3 retrogression is the change in visa spillover rule by Visa Office sometime last year. If the Visa Office goes back to the previous interpretation, EB3 dates will move ahead pretty fast.
It's an admin procedure and this does not require legislative changes. We (EB3-I and EB3-ROW) should come up with a draft and follow up with visa office for reverting back to the process they had before. We in EB3 category would have to stand up for it. This has been posted many times but IV is not ready to take this up (visa allocation process change that happened last year and screwed EB3 big time).
pani_6
09-11-2009, 03:53 PM
Biggest reason behind the EB3 retrogression is the change in visa spillover rule by Visa Office sometime last year. If the Visa Office goes back to the previous interpretation, EB3 dates will move ahead pretty fast.
It's an admin procedure and this does not require legislative changes. We (EB3-I and EB3-ROW) should come up with a draft and follow up with visa office for reverting back to the process they had before. We in EB3 category would have to stand up for it. This has been posted many times but IV is not ready to take this up (visa allocation process change that happened last year and screwed EB3 big time).
The congress has set this current spill over and USCIS is not going to change it...on a positive note I was looking at the trackt itt data lots of poeple have gotten approval in the recent past..
The only issue if that you have to shell out 5-6 may be 10 K in the process..after waiting this long
http://www..com/usa-immigration-trackers/atlanta-perm/page/4
nik.patelc
09-11-2009, 04:04 PM
EB3 folks,
Please do EB2 porting if you think its possible in your case and meeting the requirements for EB2 filing . Any EB3 I india PD > 2004 may take a decade in processing I485 . Dont worry about perm approval and I 140 approval time . Any way its better than wait for 5 to 10 years . If there is CIR and any provision help EB3 India , it may not affect or interfiling.
Support IV and its cause ("get GC in one year").
Nik
rahulp
09-11-2009, 04:04 PM
Congress did not decide the spill over rule, it's not a legislative decision. USCIS decides it and they change it as they wish. Last they changed it a few months back.
Visa spillover used to go to EB2 and EB3 both categories prior to this change. If we come up with an action plan to highlight the EB3 plight, it's easier to achieve as it does not require involvement from any law maker.
USCIS as an administrative body can do it as easily as they did it last time (which got EB3 screwed and helped EB2 big time)
pani_6
09-11-2009, 04:20 PM
Congress did not decide the spill over rule, it's not a legislative decision. USCIS decides it and they change it as they wish. Last they changed it a few months back.
Visa spillover used to go to EB2 and EB3 both categories prior to this change. If we come up with an action plan to highlight the EB3 plight, it's easier to achieve as it does not require involvement from any law maker.
USCIS as an administrative body can do it as easily as they did it last time (which got EB3 screwed and helped EB2 big time)
USCIS said that it consulted congress on it and wont change its policy...
rahulp
09-11-2009, 04:40 PM
Getting USCIS position changed is much easier than legislation.
That's why I am saying we have to make the case. EB3 case with date 2001/2002/2003/2004 has 8/7/6/5 years of additional working experience and this can work to our advantage. Also we should highlight EB3 plight and ask what is the solution at the Admin level.
Who got it changed the last time, what was the trigger, It must have been something, was it IV? I don't know. But we should try to be the trigger this time to help ourselves.
I am in and not sure if we need a separate advocacy effort for EB3.
spaceguy
09-11-2009, 05:00 PM
Getting USCIS position changed is much easier than legislation.
That's why I am saying we have to make the case. EB3 case with date 2001/2002/2003/2004 has 8/7/6/5 years of additional working experience and this can work to our advantage. Also we should highlight EB3 plight and ask what is the solution at the Admin level.
Who got it changed the last time, what was the trigger, It must have been something, was it IV? I don't know. But we should try to be the trigger this time to help ourselves.
I am in and not sure if we need a separate advocacy effort for EB3.
Start a new thread and continue getting meomentum on contacting USCIS.
I am in for this effort . The present title of this thread mis leads
GC_Geek
09-25-2009, 07:51 AM
Well, I think, I am a veteran player of this EB3 to EB2 porting. Let me explain my case in brief to set the context. I applied my first EB3 labor (lawyer screwed up here, applied in EB3 and told me that its in EB2) back in May 2004 and got it approved in 2006. Applied EB3 140, got it approved in 2006. Applied another labor in Late 2006 under eb2 category and got it approved in June 2007. Applied EB2 140 in June 2007 with premium processing and suddenly July Fiasco happened so applied 485 with previously approved eb3 140. Later on, got eb2 140 approved with same PD of May 2004. Now the actual nightmare starts. Have been sending tons of letters via lawyer and myself for interfiling but never received any confirmation that my 485 is being processed in eb2. Have been current 3 times based on my eb2 but still unapproved. Senators and Congressmen inquires have gone in vain. I am still current and will be current in Oct as well but not sure if interfile has been successful. I have seen lots of these kind of cases approved from NSC but TSC is not very efficient in dealing with these kind of cases ..Still waiting ...struggling ..
So bottomline is
1) you can apply 2nd labor from same company thats what I did
2) not sure if you can use experience from same company but I guess, u should be
3) In my opinion, your existing 140 will not have any bad consequence if something goes wrong with new labor/140.
4) There are two parts of it a) porting the PD b) Interfiling new 140 with existing 485
5) Some ppl file a new 485 with new 140 also but not sure if it helps
6) Get ready for a long journey esp if your case is with TSC
Ask me if you have any questions ....
I have been gone through your many posts, you are a great resource for many people like me, with your replies . Thanks a lot..
Mine is a similar inter-filing case.
Old GC: PD Oct, 2002 under EB3, 485 pending now
New GC: EB2, i140 approved 4 days back
(Both are from Nebraska Servicing Center)
Now I am getting ready to file the old pending 485 amendment for EB2 class.
Questions:
Can I file this amendment myself? If yes, may I request you to give me the list of documents and any templates (like letter, cover page etc) which I can use to file these.
Any fees?
I know from your posts that TSC screwed up your case big time. But being mine is at NSC, I am hoping that mine may go smooth.
Thanks again.
indyanguy
09-25-2009, 10:05 AM
Given the recent developments (USCIS data, IV prediction tool) - would it still make sense to port from EB3 to EB2? I estimate the porting to take 2 years. Would my EB3 PD be current by then?
I am Dec 2004 EB3I
smsthss
09-25-2009, 10:26 AM
Indyanguy, Have you made any other research?? I am even more confused after the prediction tool. These things just keep coming.
Given the recent developments (USCIS data, IV prediction tool) - would it still make sense to port from EB3 to EB2? I estimate the porting to take 2 years. Would my EB3 PD be current by then?
I am Dec 2004 EB3I
smsthss
09-25-2009, 10:27 AM
where can i find the IV prediction tool??? what did you get for your PD??
Given the recent developments (USCIS data, IV prediction tool) - would it still make sense to port from EB3 to EB2? I estimate the porting to take 2 years. Would my EB3 PD be current by then?
I am Dec 2004 EB3I
pd_recapturing
09-25-2009, 10:35 AM
Well, in my opinion, you really do not need to file any amendment. Did you get your old PD in new EB2 I-140? Irrespective of your answer (yes or no), your lawyer just needs to send a letter to tell them that you are current based on EB2 category and 2002 PD and you should be approved. I have seen some cases where TSC approved these kind of cases without even sending any letter.
I would say, you have 100% probability to get approved from now till the time EB2 2002 is current so act on it fast.
PS: I am not aware of any amendment process. I did not go through any such process.
indiangcseeker
01-15-2010, 01:21 PM
Need advice on my case. I have successfully retained EB-3 Priority Date along with A# on EB-2 based I-140, details are as follows:
Employer : A
EB-3 India Labor Priority Date : Apr/2002.
I-140 Approved ( EB-3 ) : Jan/2005 : Nebraska Service Center.
I-485 filed based on EB-3 I-140 : May/2005 : Nebraska Service Center.
Employer B
EB-2 PERM Priority Date : Jan/2009 : Approved : 11/2009
EB-2 I-140 Approved with Priority Date of EB-3 Labor : Apr/2002 : and same A# on I-485 but at Texas Service Center 12/2009.
Based on Jan Visa Bulletin now I'm current, I had an Infopass this week, according to the officer my I-485 file at NSC would be trasferred to TSC and then consolidated.This process according to him can take 2-3 months.
Please advice what steps can be taken to expedite the process, can the EB2-I-140 be transferred to NSC? Don't want to wait for 2-3 months and then get to know that nothing moved.
cinqsit
01-15-2010, 02:55 PM
Need advice on my case. I have successfully retained EB-3 Priority Date along with A# on EB-2 based I-140, details are as follows:
Employer : A
EB-3 India Labor Priority Date : Apr/2002.
I-140 Approved ( EB-3 ) : Jan/2005 : Nebraska Service Center.
I-485 filed based on EB-3 I-140 : May/2005 : Nebraska Service Center.
Employer B
EB-2 PERM Priority Date : Jan/2009 : Approved : 11/2009
EB-2 I-140 Approved with Priority Date of EB-3 Labor : Apr/2002 : and same A# on I-485 but at Texas Service Center 12/2009.
Based on Jan Visa Bulletin now I'm current, I had an Infopass this week, according to the officer my I-485 file at NSC would be trasferred to TSC and then consolidated.This process according to him can take 2-3 months.
Please advice what steps can be taken to expedite the process, can the EB2-I-140 be transferred to NSC? Don't want to wait for 2-3 months and then get to know that nothing moved.
Be aggressive. Write clear letters mention all your case details receipt no, approved on
country of chargeability. Mention that you are current according to visa bulletin etc
1. Contact Senator(s)
2. Contact Congressman/Congresswoman
Above two should have standard forms you have to fill out on their website
3. Contact USCIS ombudsman
4. Keep calling USCIS using the POJ method you keep getting connected to different IO's so dont get discouraged - try calling at different times/alternate days etc
Good luck
cinqsit
gveerab
01-16-2010, 11:59 AM
Section 204.5.e of 8CFR clearly says you are eligible to port PD. In my case while communicating with Senator, USCIS and ombudsman I mentioned this and also send copy of the hard copy of 8CFR with this section highlighted with all other supporting documents. I got my approval couple of days ago.
Keep sending letters and keep calling USCIS, some day we find a knowledgeable and helping IO. And Contact Senator and ombudsman.
If you need a soft copy of 8CFR , please send me a personal message.
Thanks,
Veera
Be aggressive. Write clear letters mention all your case details receipt no, approved on
country of chargeability. Mention that you are current according to visa bulletin etc
1. Contact Senator(s)
2. Contact Congressman/Congresswoman
Above two should have standard forms you have to fill out on their website
3. Contact USCIS ombudsman
4. Keep calling USCIS using the POJ method you keep getting connected to different IO's so dont get discouraged - try calling at different times/alternate days etc
Good luck
cinqsit
gc_delhi7
01-26-2010, 07:16 PM
Hi:
I am 2006 eb3 and my new employer is ready to file for eb2. Can you please tell me if you new eb2 labor petition was for same job / duties??
indiangcseeker
01-26-2010, 08:28 PM
cinqsit and gveerab: Thanks for your inputs. I have contacted Congressman, Ombudsman and letter to NSC. Hopefully I get to see the approval soon.
gc_delhi7: Yes my EB2 labor with new employer was for same job,role and duties.I had given a copy of my EB-3 labor to the company lawyer. Good Luck.
gveerab
01-26-2010, 11:48 PM
Best of luck.. Indiangcseeker.
keerthisagar
12-09-2010, 09:40 AM
Is there a way to calculate how many have ported from EB3 to EB2?
This is a discussion a few of my friends have had:
Is it possible to port to EB2 (as a promotion) to a job similar but not the same - and have the PD transferred? Or should a perm be filed for EB2 and then port the PD?
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