Is EB2 porting worth it for me?

[supender]

I am a physical Therapist , so is my wife. We have been in US for last 7 years. I had my first I-140 filed in 2004 while I was in India, however, it got returned as the employer's payment check was over 6 months old. The employer did not send the application back. I have an I140 staus that shows pending. Long story shot, that I140 is dead. I had another I140 filed in 2007 ehich got denied due to job posting issues, thus was I-485.

My last approved I140 was filed and approved in October 2010 in EB2 category, PRIORITY DATE 28TH OCTOBER 2010.
My wife's I140 was approved with priority date of 14th June 2010, UNDER Eb3 CATEGORY. She changed her job-LAST YEAR and transferred her H1B , thus she needs to get a new I140 filed. She has a willing employer, who would file I140 under EB2 category, provided we cover the cost. They would file I140 under EB3 category at no expense to us. Under the circumstances, what do you thinks our best options are.

My wife is a PT with 4.5 years bachelors degree with a total experience over 10 years , and about3.5 years in US. Can you please guide and share your thoughts.

[kalypso]

Not sure what advice are you looking for.

From what I understood, you have an EB2 with Oct 2010 PD, and no past EB3 approvals. So no question of porting for you.

Now for your wife, she has 4+ months earlier PD than yours in EB3, which if you will be able to capture if a new I-140 is filed in EB2.

what I would think is, what are the chances that her I-140 will be approved in EB2 and is it worth the cost, effort and hope to get a few months earlier PD.

Also the cost of labor and I-140 is the same for EB2 and EB3. Why is the employer cannot do EB2 w/o charging you?

Originally Posted by supender

I am a physical Therapist , so is my wife. We have been in US for last 7 years. I had my first I-140 filed in 2004 while I was in India, however, it got returned as the employer's payment check was over 6 months old. The employer did not send the application back. I have an I140 staus that shows pending. Long story shot, that I140 is dead. I had another I140 filed in 2007 ehich got denied due to job posting issues, thus was I-485.

My last approved I140 was filed and approved in October 2010 in EB2 category, PRIORITY DATE 28TH OCTOBER 2010.
My wife's I140 was approved with priority date of 14th June 2010, UNDER Eb3 CATEGORY. She changed her job-LAST YEAR and transferred her H1B , thus she needs to get a new I140 filed. She has a willing employer, who would file I140 under EB2 category, provided we cover the cost. They would file I140 under EB3 category at no expense to us. Under the circumstances, what do you thinks our best options are.

My wife is a PT with 4.5 years bachelors degree with a total experience over 10 years , and about3.5 years in US. Can you please guide and share your thoughts.

[supender]

There is so much talk of retrogression, going around that I am starting to thinks this 4.5 months might make a huge difference. For example she might get current in future and then the dates retrogress, before I get current.

I am also hoping the dates progress to 15th june 2010 before they retrogress. Being an SCHEDULE -A occupation, I140 for Physical Therapist can be filed without labour, so it can be done in a month.

Although we won't have GC but EAD or AP can be a big relief. I can take other part time jobs, we can visit India without having to worry about stamping issues.

I dont know, why exactly they won't pay for EB2. May be, they think filing EB3 means, they can have an employee stay with them for a long time, while they think EB2 filing would somehow open more oppurtunities for the employee.

[harrydr]

Can you please PM me. I would like to ask you a few questions regarding your profession if you don't mind. Thanks.

[Edison99]

Always stick with EB2

Originally Posted by supender

I am a physical Therapist , so is my wife. We have been in US for last 7 years. I had my first I-140 filed in 2004 while I was in India, however, it got returned as the employer's payment check was over 6 months old. The employer did not send the application back. I have an I140 staus that shows pending. Long story shot, that I140 is dead. I had another I140 filed in 2007 ehich got denied due to job posting issues, thus was I-485.

My last approved I140 was filed and approved in October 2010 in EB2 category, PRIORITY DATE 28TH OCTOBER 2010.
My wife's I140 was approved with priority date of 14th June 2010, UNDER Eb3 CATEGORY. She changed her job-LAST YEAR and transferred her H1B , thus she needs to get a new I140 filed. She has a willing employer, who would file I140 under EB2 category, provided we cover the cost. They would file I140 under EB3 category at no expense to us. Under the circumstances, what do you thinks our best options are.

My wife is a PT with 4.5 years bachelors degree with a total experience over 10 years , and about3.5 years in US. Can you please guide and share your thoughts.

[katta]

If I were you I would go with EB2 because some time a few months makes lot of difference. You can see this from July bulletin. Think of this as investment. Once you have GC you are free bird.
There is lot of porting happening from Eb3 to eb2 as well as ROW is using lot of visa number so we will not get SOFAD therefore the dates might move very slowly from next financial year.
On the other hand if you are in no rush and you can layback and see what happens, you might be lucked out with HR3012 or there may not be much difference 5 months.

[chtummala]

is it worth to have 4 month early PD ..
under current situation it will take at least 3-5 yr to clear all those 2007 ,08 and 09 backlogs so you have plenty of time to decide weather to port her process to EB2 ..

[VeraKeisey]

Originally Posted by katta

If I were you I would go with EB2 because some time a few months makes lot of difference. You can see this from July bulletin. Think of this as investment. Once you have GC you are free bird.
There is lot of porting happening from Eb3 to eb2 as well as ROW is using lot of visa number so we will not get SOFAD therefore the dates might move very slowly from next financial year.
On the other hand if you are in no rush and you can layback and see what happens, you might be lucked out with HR3012 or there may not be much difference 5 months.

Hmmm, sounds great, i think you can just go with EB2 .