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View Full Version : Requirement for EB3 to EB2 porting


pa7
04-21-2012, 05:04 PM
Hello fellows,

My company is sponsoring my GC through EB-3 and I plan to port to EB-2 (same or different employer). if I have to retain my old EB3 priority date, should the new job description have similarity to the old EB-3 perm ?

Example:

Port from : EB3 software engineer
Port to: EB2 Software Architect

Appreciate your inputs here.

Thanks,
pa

dgpally11
04-22-2012, 09:09 PM
eb2 job description must be 50% different to eb3.

boston_gc
04-22-2012, 11:08 PM
It all depends on your new job description and requirements. If you are filing the EB2 through same employer, generally you can't use the experience gained with the same employer unless the job responsibilities have changed by more than 50%.

If you can show you had experience or qualification before you joined your employer, you will be fine. If you go to a different employer that has a bonafide job in EB2 category, you will be fine as well.

I hope this helps and good luck


Hello fellows,

My company is sponsoring my GC through EB-3 and I plan to port to EB-2 (same or different employer). if I have to retain my old EB3 priority date, should the new job description have similarity to the old EB-3 perm ?

Example:

Port from : EB3 software engineer
Port to: EB2 Software Architect

Appreciate your inputs here.

Thanks,
pa

pappu
04-23-2012, 05:15 AM
eb2 job description must be 50% different to eb3.

We are seeing a lot of posts on forum about 50 % 70' % 80% kind of eb3 to eb2 comparison . We have not seen any such law or rule with such percentage. This seems to be some misinformation. If you disagree please point to the actual law or USCIS memo for it. Do not point to some lawyer website because that is only a lawyer opinion or interpretation , not the actual law text .

pa7
04-26-2012, 08:54 PM
Thanks guys. However my main intention is to retain old priority date. if the new job requirements is different from previous one (lets say > 70% different) than will I still be able to retain my old PD.

Any known cases on this front is of great help.