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  #1 (permalink)  
Old 06-17-2010, 09:48 AM
Junior Member
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
05/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/12/2007
Compare
Join Date: Jun 2010
Posts: 14
pagalForGC will become famous soon enough pagalForGC will become famous soon enough
Default Help porting to EB2 from EB3

HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.

I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.

I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?

Thanks,
PagalForGC

Last edited by pagalForGC; 06-17-2010 at 10:01 AM. Reason: Added more details
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  #2 (permalink)  
Old 06-17-2010, 10:28 AM
Senior Member
Priority Date
:
N/A
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:
I140 Mailed Date
:
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:
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:
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Join Date: Dec 2006
Posts: 204
veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute
Red face

Little research on this forum will give you answers to all your questions!

In short, you employer ( current and or future) need to start GC process for a EB2 qualified job all over and pay all expenses, you will be able to port your priority date at I-140 stage, upon approval request USCIS to update your I-485 with new I-140.

Quote:
Originally Posted by pagalForGC View Post
HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.

I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.

I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?

Thanks,
PagalForGC
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  #3 (permalink)  
Old 06-17-2010, 12:01 PM
Junior Member
Priority Date
:
Nov-03
Category
:
EB2
I140 Mailed Date
:
05/11/2011
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/16/2007
Compare
Join Date: Mar 2008
Posts: 4
Blog Entries: 4
bnaredla1382 is on a distinguished road
Default

My PD is nov 2003 and now I am planing to port my EB3 to EB2.
I need to know the process to do it.
My previous EB3 is with my old employer.
My I-140 approved from my old Employer and applied I-485 in july 2007 and
later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
now I working 6th year on H1B.
And Here are the questions, if I file new labor have:
1). how long will it take to approve?
and once labor approved, for I-140
1). Am I eligible for premium process of I-140.

Last edited by bnaredla1382; 06-17-2010 at 01:07 PM.
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  #4 (permalink)  
Old 06-17-2010, 01:43 PM
Junior Member
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
05/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/12/2007
Compare
Join Date: Jun 2010
Posts: 14
pagalForGC will become famous soon enough pagalForGC will become famous soon enough
Default

Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.

Thanks...

Quote:
Originally Posted by bnaredla1382 View Post
My PD is nov 2003 and now I am planing to port my EB3 to EB2.
I need to know the process to do it.
My previous EB3 is with my old employer.
My I-140 approved from my old Employer and applied I-485 in july 2007 and
later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
now I working 6th year on H1B.
And Here are the questions, if I file new labor have:
1). how long will it take to approve?
and once labor approved, for I-140
1). Am I eligible for premium process of I-140.
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  #5 (permalink)  
Old 06-17-2010, 04:45 PM
Senior Member
Priority Date
:
N/A
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Dec 2006
Posts: 204
veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute
Unhappy

As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.

The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.

After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.

Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months and two to four months for USCIS to port.



Quote:
Originally Posted by pagalForGC View Post
Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.

Thanks...

Last edited by veni001; 06-17-2010 at 04:50 PM.
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  #6 (permalink)  
Old 06-17-2010, 04:54 PM
Junior Member
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
05/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/12/2007
Compare
Join Date: Jun 2010
Posts: 14
pagalForGC will become famous soon enough pagalForGC will become famous soon enough
Default

Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?

Thanks...

Quote:
Originally Posted by veni001 View Post
As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.

The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.

After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.

Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.
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  #7 (permalink)  
Old 06-17-2010, 06:36 PM
Senior Member
Priority Date
:
May-08
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jun 2007
Posts: 117
anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute anu_t has a reputation beyond repute
Default

I think after 180 Days you should be ok.
The problem is 12 years experience might not make you eligible for EB2. But The job requirement should fulfil EB2 requirement.
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  #8 (permalink)  
Old 06-18-2010, 02:54 PM
Senior Member
Priority Date
:
N/A
Category
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N/A
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Join Date: Dec 2006
Posts: 204
veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute veni001 has a reputation beyond repute
Wink Ac21

Once you are able/eligible to use AC21 you are safe!

Quote:
Originally Posted by pagalForGC View Post
Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?

Thanks...
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