EB3 to EB2 Conversion

[karthikeyanalaguraja]

I have searched for some posts and could not answer my below question.

Currently working in a company A, who applied my GC through EB3.
Labor Approval date : Apr 30 2010
I 140 Approval date : Mar 26 2011

But my company did not provide me any approval copies. I have only the case number.
Now i am planning to move to company B and they are ready to apply my GC through EB2. Can i use Company A's labor approval date ?

If yes what are the documents that required ?

Thanks,
Karthik

[MahaBharatGC]

Your company's legal department should be able to give you a copy of Approved I-140.
Also, when labor petition gets approved, USCIS must have sent you a copy regarding the same.

Anyway, once I-140 is approved, the priority date is yours. You can safely use AC-21 portability in this case to switch to new company.

Consult the legal department of TO-BE company or any other lawyer for making sure because, I am not a lawyer.

[sparky_jones]

Originally Posted by karthikeyanalaguraja

I have searched for some posts and could not answer my below question.

Currently working in a company A, who applied my GC through EB3.
Labor Approval date : Apr 30 2010
I 140 Approval date : Mar 26 2011

But my company did not provide me any approval copies. I have only the case number.
Now i am planning to move to company B and they are ready to apply my GC through EB2. Can i use Company A's labor approval date ?

If yes what are the documents that required ?

Thanks,
Karthik

Yes, you can. The receipt number should suffice. You should use the FOIA route to try to get a copy of the I-140 approval notice (Google FOIA and I-140, you'll get plenty of info). Lately, USCIS has been taking the stand that even if I-140 is withdrawn by employer voluntarily, the PD cannot be retained (earlier, PD used to be perpetual, except in revocation due to fraud). So, the more important thing is to ensure the old I-140 is not withdrawn prior to the approval of the new I-140. Since labor substitution is gone, there isn't much incentive for employer's to withdraw the I-140 in order to recover the labor certificate for someone else's use. However, employer's do withdraw I-140 even now...either to reduce their ability-to-pay overhead in the entire pool of all of their I-140s, or just to spite former employees.

[karthikeyanalaguraja]

Thank you so much guys.. This is very helpful information

[chansek]

Originally Posted by sparky_jones

Yes, you can. The receipt number should suffice. You should use the FOIA route to try to get a copy of the I-140 approval notice (Google FOIA and I-140, you'll get plenty of info). Lately, USCIS has been taking the stand that even if I-140 is withdrawn by employer voluntarily, the PD cannot be retained (earlier, PD used to be perpetual, except in revocation due to fraud). So, the more important thing is to ensure the old I-140 is not withdrawn prior to the approval of the new I-140. Since labor substitution is gone, there isn't much incentive for employer's to withdraw the I-140 in order to recover the labor certificate for someone else's use. However, employer's do withdraw I-140 even now...either to reduce their ability-to-pay overhead in the entire pool of all of their I-140s, or just to spite former employees.

Hi Sparky_jones,

First congratulations on your I-485 approval. Can you please tell me, Did you port to EB2 with the same employer?

Thank you in Advance.