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View Full Version : Port EB3 to EB2 - Need suggestions/advice please


hebron
08-10-2010, 10:55 AM
I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.

I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.


I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:

1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.

2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.


In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .


Any suggestions/ advice appreciated.

hebron
08-10-2010, 11:15 AM
Suggestions....anybody? ^^^^

my_gc_wait
08-10-2010, 12:20 PM
1. You can ask them for H1 transfer and AC21 portability of your existing EB3 GC Process.
2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.

And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.

hebron
08-10-2010, 12:37 PM
1. You can ask them for H1 transfer and AC21 portability of your existing EB3 GC Process.
2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.

And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.


Thank you my_gc_wait.

Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.

amitkhare77
08-10-2010, 01:06 PM
I am EB3 Dec 2006. I have changed JOB on EAD, I did file AC21 through my new employer. my new employer has already started the EB2 processing.
I would recommend you the following -

make sure you have all the information i.e. previous Job Description which was used for labor filing or the job code on your labor certification.
You have a copy of I-140 approval
your current salary offer is good to qualify EB2 prevailing wages (does not matter a lot but good to consider)
you get an experience certificate describing technologies, skills you will use for future labor filing advertisement.
Thank you my_gc_wait.

Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.

my_gc_wait
08-10-2010, 01:16 PM
yes, employer just needs to show that new job is similar to your old job. Its just simply a letter which an employer can(may choose not to as its not mandatory by law but advised to do so) send to USCIS.
For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)


Thank you my_gc_wait.

Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.

hebron
08-10-2010, 01:25 PM
Thank you my_gc_wait and amitkhare77 for your suggestions.

One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.

amitkhare77
08-10-2010, 02:01 PM
I dont think so there is any wait period. I asked them after a year and they said OK we can do this. As per the admin - If I would have told them earlier they could have started much earlier. I did not ask them due to bad economy in late 2008-2009
Thank you my_gc_wait and amitkhare77 for your suggestions.

One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.

gcbeku
08-10-2010, 02:13 PM
Gurus,
A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.

So, what options do we have ?
a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
b) can AC21 approach be used to port this to a EB2 category ?
c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
(I am assuming that EB2-I will be current approximately around this time next year).

Thanks.

paulinasmith
08-10-2010, 10:05 PM
I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.

I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.


I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:

1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.

2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.


In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .


Any suggestions/ advice appreciated.

My employer started green card process in November 2009 and still PERM is not filled with DOL (August 2010).Getting a PERM into DOL system and getting it approved/certified is the biggest hurrdle these days.....

Roger Binny
08-11-2010, 07:48 AM
Answers in bold...

Gurus,
A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.

So, what options do we have ?
a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
- As usual no one knows

b) can AC21 approach be used to port this to a EB2 category ?
- Can you be more elaborate on this

c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
(I am assuming that EB2-I will be current approximately around this time next year).
- If he/she is working and qualifies for EB2-I, certainly one can apply during the I-485 stage i guess one can go for a cross charge-ability (not sure of the word) but yes i have seen posts where one can use the spouse's 485 priority dates.

Thanks.