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bollytoholly
11-12-2010, 11:38 AM
All,

I want to Port from EB3 To Eb2 and I have couple of questions. I am the primary appicant and my wife got EAD thru me.

1) My Wife is working on EAD. When I start EB3 to EB2 Porting during any stage (Labor, I-140, I-485) does she needs to quit her Job orshe can continue working on my EB3 EAD.

2) Originally I had the Labor Substitution and got EB3 Labor for March 2005. If I apply for EB2 labor from same employer who gave me the EB3 Labor Do I need to show the change in my Job title since I am porting to EB2 or I can apply with same job title I used to get the EB3 Labor Substitution.

Thanks

rajenk
11-12-2010, 01:09 PM
Your wife's EAD is fine. Don't worry about that. She can work with EAD as long as it is valid and renewed on time. Your EB2 porting does not have any effect on the currently pending AOS and EADs.

To be eligible for EB2 and applying from the same employer would need significant change in the job requirements, at least 50% different from your EB3 job duties. Consult with a good attorney who has experience in doing successful EB3 to EB2 porting.

Good Luck.
Raj:)