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  #1 (permalink)  
Old 10-31-2011, 10:04 AM
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sanjay18283 is on a distinguished road
Default EB3 to EB-2 Porting with new employer

Hi All,

Thanks in advance for helping me out with my question!

My current GC is filed under EB3 by one of the big IT company and my priority date in June-2008. I have my approved I-140 since Feb-2009. I am thinking of making a move to a new job with a midsized company of may be 500 employees. They are going to start my GC in EB2 category as i am eligible for EB2 now. My current company haven't been revoking I-140. I am thinking that if i make this move and get my GC in EB-2 i may get my GC by mid 2013 if everything goes smooth. I am thinking that by the time my new I-140 will be approved my old priority date will be current in EB-2. Is it safe to assume or there are any gotchas?

Do you see any direct risk in doing this? I am little bit confused.

Any help would be appreciated!

Please let me know if you need more information.

Thanks a lot
Regards.
SP
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  #2 (permalink)  
Old 11-04-2011, 04:08 PM
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Quote:
Originally Posted by sanjay18283 View Post
Hi All,

Thanks in advance for helping me out with my question!

My current GC is filed under EB3 by one of the big IT company and my priority date in June-2008. I have my approved I-140 since Feb-2009. I am thinking of making a move to a new job with a midsized company of may be 500 employees. They are going to start my GC in EB2 category as i am eligible for EB2 now. My current company haven't been revoking I-140. I am thinking that if i make this move and get my GC in EB-2 i may get my GC by mid 2013 if everything goes smooth. I am thinking that by the time my new I-140 will be approved my old priority date will be current in EB-2. Is it safe to assume or there are any gotchas?

Do you see any direct risk in doing this? I am little bit confused.

Any help would be appreciated!

Please let me know if you need more information.

Thanks a lot
Regards.
SP

If your current employer withdraws your approved I-140 under Eb3, then, you cannot port your PD. I believe you know that. If they don't, you are good.
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  #3 (permalink)  
Old 11-04-2011, 04:35 PM
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Originally Posted by vegasbaby View Post
If your current employer withdraws your approved I-140 under Eb3, then, you cannot port your PD. I believe you know that. If they don't, you are good.
Thats not true. PD is yours to keep.
To be safe, ask the employer not to withdraw until you port.


good luck.
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  #4 (permalink)  
Old 11-05-2011, 05:28 PM
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farooq341 is on a distinguished road
Default re:

I am thinking that if i make this move and get my GC in EB-2 i may get my GC by mid 2013 if everything goes smooth. I am thinking that by the time my new I-140 will be approved my old priority date will be current in EB-2. Is it safe to assume or there are any gotchas?
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  #5 (permalink)  
Old 11-08-2011, 11:58 AM
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Originally Posted by sac-r-ten View Post
Thats not true. PD is yours to keep.
To be safe, ask the employer not to withdraw until you port.


good luck.

Right. I know my statement is not 100% true. But withdrawal of old I-140 does raise a red flag. Have experienced it. Although as you said, attorney's did handle the situation & they were able to convince USCIS. Note my I-140 was approved for over 6 months.
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  #6 (permalink)  
Old 11-11-2011, 12:31 PM
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itheprowess is on a distinguished road
Default Priority date portability

Hello Experts,

I have my labor approved from my earlier employer and I had a query on my i-140 which was never answered.I later filed for labor from a different employer and my i-140 is under processing. Can I use my earlier labor date from employer as my priority date. Hope to hear from someone soon.

Thanks in advance,

-V
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