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PERM Processing Labor processing through PERM

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  #1 (permalink)  
Old 06-14-2010, 03:22 PM
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Default Port EB3 (Software Engr) -> EB2 (Principal Software Engr) with the same company

Hello All,
My EB3 PD is September 2004 with no end in sight. I was promoted to Principal Software Engineer back in 2007 and would like to know if I can port my EB3 to EB2. I have a Masters degree with 13 years of experience. I have been working with the current employer since 2002 (8 years experience).

I asked my attorney for his advice and he responded with the following: "If you have been promoted to a position for which the company normally requires a Masters degree (or a Bachelors and five years of experience), and we can prove it, then we can certainly do the labor certification again as an EB-2 and we can upgrade the I-140 to an EB-2. The key is being able to prove that it is truly the company’s requirement for the job. Otherwise, we all end up with potential problems for fraud and you may NEVER get the permanent residence."

My question is if anything goes wrong with the porting process, can I fall back to my current EB3 without any issues? Has anybody ported from EB3 to EB2 working with the same employer? If so, could you provide some insight into this?

Thanks.
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  #2 (permalink)  
Old 06-14-2010, 03:57 PM
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/14/2007
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Join Date: Jun 2007
Posts: 997
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Refer this:
Case Study: Upgrade from EB3 to EB2
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  #3 (permalink)  
Old 06-14-2010, 04:03 PM
Senior Member
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Jul-05
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I140 Mailed Date
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10/08/2005
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God bless Raj. I am not sure if every story ends like this particular one.
Quote:
Originally Posted by gc28262 View Post
__________________
Came to US in 2001
First Labor - 2002 (BEC, job loss)
Second Labor- July 2005 EB3-I
I-140 - Approved
I-485 - July 2007 and pending
Filed 2nd labor in 2009
Filed 2nd I-140 in 2009
Ported the PD
GC in 08-2010 almost 10 years after coming to the US.
*****************************
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  #4 (permalink)  
Old 06-14-2010, 04:09 PM
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Quote:
Originally Posted by gc28262 View Post


Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."

Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
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  #5 (permalink)  
Old 06-14-2010, 04:47 PM
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very useful link... even I didn't get why they mentioned foreign consular processing... what exactly that mean ? I also have question
I am working with my employer from 2005 to till date. My green card was filed in EB3 cateogory with in 2007 and priority date is March 2005. Before I started working for my currently I have worked for more than 5+ years in India with real experience from companies like IBM, Knabay. My employer is ready to file my GC in EB2 category considering those experience as my current experience with him doesn't get considered if for EB2 Bachlors + 5 + years. I have BE in Computer Science + total 10 years of experience. As I hear mixed review for the same that porting between EB3 to EB2 with same employer... I am considering option to change employer but my question is. I have my I-140 approved thru current employer but my I-485 application hasn't been filed. What if my current employer revoke my I-140 can I still use the same priority date.... Please advice/help.
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  #6 (permalink)  
Old 06-14-2010, 04:54 PM
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
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I-140+I-485
I485 Mailed Date
:
08/14/2007
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Quote:
Originally Posted by hebron View Post
Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."

Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
I am not thorough on this topic. From what I read on the forum, you can use your old PD in your current I-485. More knowledgeable people please chip in.
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  #7 (permalink)  
Old 06-14-2010, 05:05 PM
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I have 3 yrs graduation and 2 year post graduation and one year diploma in computer application. I have 18 years IT experience. I am working in managerial level after filing AC21. But my lawyer says I am not eligible to file for EB2 labor and port from EB3 to EB2. So I am still waiting for my i-485 to be approved. Anyone have any clue if it can be possible to port to EB2.

Priority Date -Sept 2003
I-485 - Aug 2007
Filed 3rd EAD today.
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  #8 (permalink)  
Old 06-14-2010, 06:47 PM
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Quote:
Originally Posted by gc28262 View Post
I am also not sure why the need for Consular Processing.
Why cant CIS update existing EB3 485 to new approved EB2 140.
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  #9 (permalink)  
Old 06-21-2010, 11:58 AM
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Default

Hi Guys,
Have a question about porting from EB3 to EB2 suing the experience I gained from my current employer. Can I fall back to my existing EB3 application if I file EB2 labor and I-140 and these get denied? Please suggest and I am also not sure if the requirement that job descriptions have to be 50% different cam be met. Software Engineer and Principal software engineer jobs have same SOC and DOT codes.

Job description when I was hired: (software engineer): Understand client requirements, design, document and develop object-oriented software solutions; debugging and code review, unit tetsing code for all logic and flow, participates in the test review thorugh test review and analysis. Experience require 2-4 years.

My current job description: (Principal Software engineer): Designs, modifies, develops, writes and implements software programming applications. Coordinates work teams - Provides technical support to project team members and co-ordinate with technical team and Quality assurance team. Provide consultation and expertise in a variety of the field's concepts, practices, and procedures on complex projects. Extensive experience and judgment required to plan and accomplish goals. Experience required is 8-10 years.
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  #10 (permalink)  
Old 06-21-2010, 01:23 PM
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suggestions? ^^^^^^^
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  #11 (permalink)  
Old 06-21-2010, 03:04 PM
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Jan-06
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I140 Mailed Date
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03/01/2006
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Default Porting

Quote:
Originally Posted by hebron View Post
suggestions? ^^^^^^^
1) Read the requirement of EB2. Find out who are eligible in this category (Experience and bla bla bla)
Masters Degree, Managerial Position, Bachelor + 5 years are eligible. I am saying this because my friends have applied in these three categories to be eligible for eb2.
2) Your new Labor (PERM) in Eb2 might take up 8-10 months.
3) Apply I-140, I do not know if we have Premium Processing for it.
4) Once I-140 is Approved you can port the EB3 priority date to Eb2.
In your case 04 Eb3 will be now 04 Eb2.
The I -485 will have the old priority date 04 Eb2.

Most of the porting that I have heard is done by jumping ship. You ask your new employer to file in Eb2 and after your I-140 is approved you apply the old priority to EB2.
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  #12 (permalink)  
Old 02-22-2012, 05:04 PM
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Hi, my case is similar to yours hebron... So finally what did your attorney suggest? and what did you end up proceeding as? and on what basis. I need to proceed, do not have enough time since next extension will not be very far. Please share if you were able to get the new labor and porting done for EB2 on same SOC code. It will be really helpful.

Thanks a lot.
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  #13 (permalink)  
Old 02-22-2012, 08:15 PM
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I ported from Eb3 to Eb2 in same company and got a GC. My job was from programmer analyst to applications developer.

However the most important thing was tht I did not use the experience from my eb3. I already had a masters + 1 year before I joined this company..so it was ok i guess
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  #14 (permalink)  
Old 02-24-2012, 10:14 AM
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Priority Date
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I140 Mailed Date
:
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:
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My attorney was not very happy with this approach. I asked him point blank - If my EB2 gets denied, would it affect my existing EB3 in any way? He said no. At that moment, I knew my worst case scenario was - lossing 5000 USD. I was OK with that.

I moved ahead with my second labor and I-140 in EB2 and it worked out well. When my dates were current, I had to involve senator of my state to get my I-485 approved.

Happy to tell you that I got my GC two years back. Thanks. Hope it helps.

Quote:
Originally Posted by skapur2012 View Post
Hi, my case is similar to yours hebron... So finally what did your attorney suggest? and what did you end up proceeding as? and on what basis. I need to proceed, do not have enough time since next extension will not be very far. Please share if you were able to get the new labor and porting done for EB2 on same SOC code. It will be really helpful.

Thanks a lot.
__________________
Came to US in 2001
First Labor - 2002 (BEC, job loss)
Second Labor- July 2005 EB3-I
I-140 - Approved
I-485 - July 2007 and pending
Filed 2nd labor in 2009
Filed 2nd I-140 in 2009
Ported the PD
GC in 08-2010 almost 10 years after coming to the US.
*****************************
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  #15 (permalink)  
Old 02-24-2012, 10:56 AM
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kumari1, I am sincerely thankful for the valuable info, its definitely useful to know the understanding you have. Apart from the risk that EB2 might get rejected, another risk is that DOL might just keep 1 labor active for the beneficiary, eb3 (so we just waste money) or the new eb2 (then we lose earlier labor & I-140 attached to it, so no porting possible). That's what i am hearing from my attorney.
Another important question I have is, do you know if your EB2 job position had the same SOC code as the eb3 position, or a different one? If possible please do let me know.
Thanks in advance,
- kapur
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