EB3 - EB2 Porting - Need Help

[Quadrucle]

Hi All,

Im planning to port my EB3 to EB2 and need your help.

My EB3 PD is Nov 2007. I have my I-140 approved too. This all was sponsored by my empoloyer. I have over 8 years of experience and I have Masters degree in Computers. Now my questions are:

1. How do I start my EB2 process? (if this is possible)
2. What do my employer needs to do to help me on this?
The reason why they did EB3 was because my designation didnt require a Masters. Do they have to promote me or create a new designation to do this? My company almost stopped sponsoring EB's an year back.
3. What will happen to my EB3 process if I am starting EB2.
4. How expensive will be the whole process? I guess I will have to take the expense for Labor and I-140 from my pocket.

Thanks in advance.

[hibworker]

Starting EB2 process will be the same as EB3 process. Your company should have a position open that requires atleast Masters degree or Bachelor + 5 years experience. They'll have to go through recruitment process and document that no US citizen or PR was available to fill the position and then file PERM.

Your EB3 applicaiton will not be affected by this new application.

The whole process upto I-140 may cost $10k-15k

[Roger Binny]

Originally Posted by hibworker

Starting EB2 process will be the same as EB3 process. Your company should have a position open that requires atleast Masters degree or Bachelor + 5 years experience. They'll have to go through recruitment process and document that no US citizen or PR was available to fill the position and then file PERM.

Your EB3 applicaiton will not be affected by this new application.

The whole process upto I-140 may cost $10k-15k

Last point, is not correct, it doesn't cost 10-15k for your company, may probably around 5-6k.

[CaveMan232]

How long would this whole process take by the time 140 is approved?

[KabAyegaMeraGc]

I am trying to figure out the same and after rigorous communication with my lawyer and a few companies, I came to an estimate that it may take anywhere between, atleast 12-18 mnths on a thumb rule. Again, I understand its on a case by case basis.

[gc_on_demand]

Originally Posted by KabAyegaMeraGc

I am trying to figure out the same and after rigorous communication with my lawyer and a few companies, I came to an estimate that it may take anywhere between, atleast 12-18 mnths on a thumb rule. Again, I understand its on a case by case basis.

Reasons ::

(1) Most of Desi companies filed under Eb2. Those are EB3 are mostly from american companies. And even if they qualified for Eb2 , companies filed for Eb3. So its any one 's guess that these companies will file new Eb2.

(2) Process takes 12- 18 months even if companies are ready

(3) Eb2 has tough criteria and lots of scrutiny.

(4) Desi companies are scared to file for new Eb2 when their H1bs are under review too.

[addsf345]

Originally Posted by KabAyegaMeraGc

I am trying to figure out the same and after rigorous communication with my lawyer and a few companies, I came to an estimate that it may take anywhere between, atleast 12-18 mnths on a thumb rule. Again, I understand its on a case by case basis.

@KabAyegaMeraGc - question for you: if you were qualified for EB-2, why did you in first place filed for EB-3? Looking at your profile, you may would have been just about to get your GC if you would have been in EB-2 bucket. Just curious. Also, what is your lawyer's take on this whole porting thing?

[frostrated]

Originally Posted by addsf345

@KabAyegaMeraGc - question for you: if you were qualified for EB-2, why did you in first place filed for EB-3? Looking at your profile, you may would have been just about to get your GC if you would have been in EB-2 bucket. Just curious. Also, what is your lawyer's take on this whole porting thing?

there are many of us here that were qualified for EB2, but our employers wanted to file under EB3.
At the time of filing, everything was current, and therefore none of us objected much. It was later that everything came crashing down.

[freedom2007]

Yup completely agree with Frostrated..
Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's

[KabAyegaMeraGc]

I was eligible for EB-2 but as company wouldn't file any case in EB-2.

My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.

[addsf345]

Originally Posted by KabAyegaMeraGc

I was eligible for EB-2 but as company wouldn't file any case in EB-2.

My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.

Thank you "KabAyegaMeraGc". However one thing I don't understand why the consular processing?

[KabAyegaMeraGc]

You are very welcome...

Consular processing is way faster is what I was told.

[eb2_mumbai]

Labor + 140 if complted without any RFE would take least 8 - 12 months. But considering today's conditions that is highly unlikely so ballpark figure would be 15 - 18 months. Also if it gets rejected for any reason lawyer mistakes or A2P or education etc then it would be waste of time and resources.

[desi485]

Originally Posted by KabAyegaMeraGc

You are very welcome...

Consular processing is way faster is what I was told.

I heard one case in my company (person worked for my employer prior to I joined) who successfully did consular processing. He got his GC almost 2 to 3 years ahead of his co-worker who both filed labor at the same time. The only difference is: one person chose to do consular processing and other one (who was delayed by 2 - 3 years) opted for adjustment of status.

I was told this by my other co-workers after I joined this company however I too never thought of consular processing as it is something not familer to me. I do not know much details how this whole process works. If anyone knows, please share with rest of us.