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  #1 (permalink)  
Old 05-12-2010, 10:18 AM
Senior Member
Priority Date
:
Aug-05
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:
EB3
I140 Mailed Date
:
02/17/2006
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augustus will become famous soon enough
Arrow Eb3 to eb 2 porting Question

Dear All,

Could you please advise, if we can port eb3 to eb2.

My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.

Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?

If yes, what should we be careful about and how should we go about it?

Sincerely,
Augustus
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  #2 (permalink)  
Old 05-12-2010, 10:53 AM
Donor
Priority Date
:
Aug-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/30/2011
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Quote:
Originally Posted by augustus View Post
Dear All,

Could you please advise, if we can port eb3 to eb2.

My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.

Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?

If yes, what should we be careful about and how should we go about it?

Sincerely,
Augustus
In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
How frustating this can be, right?
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  #3 (permalink)  
Old 05-12-2010, 11:04 AM
Member
Priority Date
:
Oct-08
Category
:
EB2
I140 Mailed Date
:
06/05/2009
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:
India
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:
I-485
I485 Mailed Date
:
01/06/2012
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Please search the forums. This has been discussed multiple times (and frowned upon by some multiple times ). The gist of it is: it is not your qualifications, but the Job requirements that determine if it is EB2 or EB3. Also, you cannot count the experience you have gained with your employer when filing for GC with the same employer. Moreover, since the July 07 fiasco, EB2 filings for tech jobs are been closely looked at by USCIS and can be subject to a Business Necessity RFE, unless the position is on the Managerial side of things. The best advice I can give you is: Consult with your lawyer since each case is unique and there could be justification for a port in certain cases.
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  #4 (permalink)  
Old 05-12-2010, 11:44 AM
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Oct-08
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:
EB2
I140 Mailed Date
:
06/05/2009
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I-485
I485 Mailed Date
:
01/06/2012
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Quote:
Originally Posted by thomachan72 View Post
In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
How frustating this can be, right?
The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2
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  #5 (permalink)  
Old 05-12-2010, 02:24 PM
Donor
Priority Date
:
Aug-08
Category
:
EB2
I140 Mailed Date
:
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/30/2011
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Quote:
Originally Posted by hsd31 View Post
The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2
Oops sorry about that. Thanks for correcting. These things are extremely complicated.
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  #6 (permalink)  
Old 05-12-2010, 02:45 PM
Senior Member
Priority Date
:
Feb-08
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:
EB1A
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07/23/2009
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Default

Quote:
Originally Posted by hsd31 View Post
The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2
While it is true that majority of the time (when job titles and descriptions are substantially different) you need to new PERM; I know at least two cases who were able to port using the SAME labor and filed new I 140 under EB2. It all depends on original job description and language of original PERM vs new job description.

Bottom line: get a consultation from a good attorney before giving it up.

Good Luck.
__________________
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
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  #7 (permalink)  
Old 05-12-2010, 03:59 PM
Senior Member
Priority Date
:
Aug-05
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:
EB3
I140 Mailed Date
:
02/17/2006
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:
India
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:
I-485
I485 Mailed Date
:
07/17/2007
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Posts: 139
augustus will become famous soon enough
Default

Well, his job responsibilities are now more than before. I am not sure if this new position requires a masters degree.

It is the same employer but just a different job. The lawyer we have is always scared. We tried to do EB 2 about 2 years ago, she filed everything but retrieved the whole process when she felt we may have an RFE.

I don't know. I am so confused.
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  #8 (permalink)  
Old 05-12-2010, 04:13 PM
Senior Member
Priority Date
:
Aug-05
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:
EB3
I140 Mailed Date
:
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I-485
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:
07/17/2007
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augustus will become famous soon enough
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His position requires Masters Degree
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  #9 (permalink)  
Old 05-12-2010, 05:27 PM
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Wink Employer should be able to prove

Quote:
Originally Posted by augustus View Post
His position requires Masters Degree
As long as the employer can start new labor and provide sufficient evidence that his current position is different from original Eb3 labor and require masters, cannot find a qualified&willing US Citizen or Green card holder to work in the position, and pay all expenses related to the new process, he can give a shot!

Last edited by veni001; 05-12-2010 at 05:29 PM.
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  #10 (permalink)  
Old 05-12-2010, 07:56 PM
Member
Priority Date
:
Sep-03
Category
:
EB3
I140 Mailed Date
:
03-28-2007
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I-485
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:
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Default Is it even possible?

My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.

Thanks
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  #11 (permalink)  
Old 05-12-2010, 08:05 PM
Donor
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:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
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:
India
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:
I-140
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Quote:
Originally Posted by kopguy View Post
My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.

Thanks
Nope...you can not.
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  #12 (permalink)  
Old 05-12-2010, 08:07 PM
Donor
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:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
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:
India
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:
I-140
I485 Mailed Date
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Quote:
Originally Posted by leo2606 View Post
Yes he can apply EB-2 and claim experience gained from the same company as long as the new job description is 50% different from the current job position.

I don't have MS, my promotion job requirement was BS+7 Years out of which I claimed 2 years from the same company. Attorney had to prepare a document that shows the difference between the future job and the current. I had my labor approved without issues.
Normally you wouldnt have any issues during labor process. The EB2-Eb3 is more scrutinized only during the I-140 approval.
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  #13 (permalink)  
Old 05-13-2010, 09:25 AM
Senior Member
Priority Date
:
Aug-05
Category
:
EB3
I140 Mailed Date
:
02/17/2006
Chargeability
:
India
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:
I-485
I485 Mailed Date
:
07/17/2007
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Join Date: Mar 2007
Posts: 139
augustus will become famous soon enough
Default

Thanks to all of you! Such a wonderful discussion.

So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?
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  #14 (permalink)  
Old 05-13-2010, 02:34 PM
Senior Member
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:
Feb-08
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:
EB1A
I140 Mailed Date
:
07/23/2009
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:
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:
I-485
I485 Mailed Date
:
12/29/2009
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Default

Quote:
Originally Posted by augustus View Post
Thanks to all of you! Such a wonderful discussion.

So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?
The most effective way is to ask for old PD on the new I 140. There is a box on form I 140 that asks for prior approved I 140 and PD on that (if you want to retain it). download the form and see it for yourself.

It can also be done at 485 stage, but much easier to do at 140 stage.

Make sure to insert the same A number that came with old I 140.

Good Luck.
__________________
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
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  #15 (permalink)  
Old 05-13-2010, 05:53 PM
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Default

Quote:
Originally Posted by augustus View Post
His position requires Masters Degree
The thing about EB2 is , "The job description needs to be specific." I have a experience that , lawyer gets scared when the job description is vague.
just "masters degree required" is sometimes not enough.
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