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Bigapple11
03-25-2014, 09:26 AM
Hello Friends -


I've been waiting in the EB3 category for a long time - my PD is september 2009 and with no end in sight I"m planning to move to a company that will proceed with my GC in the EB2 category. Before I start the process I had some questions and I'm hoping someone here will be kind enough to answer my questions/concerns:


I'm assuming that I should be able to keep my PD of Sept 2009 when I move to the new company and they file for the labor under EB2 category. Please confirm.
I have the a copy of the approved I-140 from my current firm, but I do not have the certified labor copy with me. Is this needed when I port my PD to EB2 under the new company? I'm not sure if I can obtain a copy of my current approved labor certificate. Need some guidance here.
Is there anything else needed for the new company to successfully port my PD in the EB2 category?

I'm hearing that the dates will move forward in June 2014; hopefully everyone will benefit from this and the long waits for fellow immigrants will finally come to an end.



Thank you in advance for your replies.

AceMan
03-25-2014, 01:21 PM
Hello Friends -
I'm assuming that I should be able to keep my PD of Sept 2009 when I move to the new company and they file for the labor under EB2 category. Please confirm.


You will be able to keep the PD of Sep 2009. The new company filing for EB2, you need to confirm with the company.

I have the a copy of the approved I-140 from my current firm, but I do not have the certified labor copy with me. Is this needed when I port my PD to EB2 under the new company? I'm not sure if I can obtain a copy of my current approved labor certificate. Need some guidance here.
Is there anything else needed for the new company to successfully port my PD in the EB2 category?

When the new company hires you on H1B, you get the remainder of the current H1B period. You should be having your EAC number by which you can check your status. If not please get it from your current employer or their attorney. That should be your starting point.

Bigapple11
03-25-2014, 01:44 PM
You will be able to keep the PD of Sep 2009. The new company filing for EB2, you need to confirm with the company.

When the new company hires you on H1B, you get the remainder of the current H1B period. You should be having your EAC number by which you can check your status. If not please get it from your current employer or their attorney. That should be your starting point.

Thank you for the response. Are you referring to the current H1B EAC number? If yes than I have that with me. I was under the impression that I will also need my Labor certification (copy of the document) with me when moving to the new company. Can you please confirm if this isn't the case?

AceMan
03-25-2014, 09:39 PM
Thank you for the response. Are you referring to the current H1B EAC number? If yes than I have that with me. I was under the impression that I will also need my Labor certification (copy of the document) with me when moving to the new company. Can you please confirm if this isn't the case?

I was referring to the EAC number associated with labor.

Bigapple11
03-26-2014, 09:06 AM
I was referring to the EAC number associated with labor.

Thanks for your reply again - one final question. I have the case number that I received from U.S. Department of Labor. It starts with the letter "A", is this the EAC number?

AceMan
03-26-2014, 10:49 AM
Thanks for your reply again - one final question. I have the case number that I received from U.S. Department of Labor. It starts with the letter "A", is this the EAC number?
No. It is very similar to your H1B EAC number.

If you go to the USCIS site
https://egov.uscis.gov/cris/Dashboard.do, you can enter your H1B case number (EAC) you get the status of your H1.

Like wise, if you have filed for Labor and I-140, you have a number similar starting with EAC. It was provided to me by the Attorney's of my company.

kseshravi
03-26-2014, 04:43 PM
Hello Friends -


I've been waiting in the EB3 category for a long time - my PD is september 2009 and with no end in sight I"m planning to move to a company that will proceed with my GC in the EB2 category. Before I start the process I had some questions and I'm hoping someone here will be kind enough to answer my questions/concerns:


I'm assuming that I should be able to keep my PD of Sept 2009 when I move to the new company and they file for the labor under EB2 category. Please confirm.
I have the a copy of the approved I-140 from my current firm, but I do not have the certified labor copy with me. Is this needed when I port my PD to EB2 under the new company? I'm not sure if I can obtain a copy of my current approved labor certificate. Need some guidance here.
Is there anything else needed for the new company to successfully port my PD in the EB2 category?

I'm hearing that the dates will move forward in June 2014; hopefully everyone will benefit from this and the long waits for fellow immigrants will finally come to an end.



Thank you in advance for your replies.
Yes, You can keep your old priority date Sep 2009.
I did the same, ported EB3 to Eb2. My priority date in EB3 is Aug 2004. The attorney asked me to provide the copy of approved I140. I was not asked to provide the copy of labor certification.

BTW, you mentioned that the dates will move forward after June 2014. Can you please let the group know, where did you read this ? If true, this will be helpful for all members