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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 02-10-2007, 12:34 AM
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May-05
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EB3
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Nikhil2 is on a distinguished road
Default Same company, same position - EB3 to EB2 PD porting

I plan to transfer the priority date of an old LC to a new one. My attorney said my case won't work, since the two LCs belong to the same company and the positions (job titles) are the same. She indicates at least one of them needs be different.

I spent a whole night and cannot find any info about this.

Do you happen to know this? Any comments or links would be appreciated.
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  #2 (permalink)  
Old 02-10-2007, 04:46 PM
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RajForGC is on a distinguished road
Default Need to be different if you applying for diff catagory

I think if you are applying for differnt catagory then Position need to be different (Eb3- Eb2) and you can carry your old PR date. If you trying to apply PERM with same catagory then you can carry old PR date but can be in Same position, not sure you have withdraw first LC or not, consult few attroney before take any action.
Thanks
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  #3 (permalink)  
Old 02-10-2007, 05:04 PM
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Apr-04
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Default

I have an EB3 LC/I-140 (2003 PD) approved from company X, now if I join company Y and file a new LC in EB2, can I retain my old PD?
Anybody has above experience, please share. Appreciate your responses.

Quote:
Originally Posted by RajForGC
I think if you are applying for differnt catagory then Position need to be different (Eb3- Eb2) and you can carry your old PR date. If you trying to apply PERM with same catagory then you can carry old PR date but can be in Same position, not sure you have withdraw first LC or not, consult few attroney before take any action.
Thanks
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  #4 (permalink)  
Old 02-10-2007, 06:10 PM
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Apr-04
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United Kingdom
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Default

I think it all depends on what the job qualifications required are.

For Eb2, the JOB DESCRIPTION (i.e. - not what your personal qualifications are) you generally need either a masters degree or bachelors with 5+ years experience. Please note, if you are thinking about jumping from EB3 to EB2 at the same company, without a change in job title - it will be tough to now say that your job requires the extra experience.

In addition, if you don't have a master's degree, and are relying on years of experience, you are NOT able to count experience at your current company towards that.

I know, its ridiculous, and basically discourages company loyalty.

Hope this helps
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  #5 (permalink)  
Old 02-10-2007, 07:01 PM
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Nikhil2 is on a distinguished road
Default More info

Thanks for everybody's reply. I am still confused. Here is more info about my case.

I plan to transfer PD from EB3 to EB2.

My EB3 RIR was approved. The job description required BS and nothing else. I-140 hasn't been filed yet.

MY EB2 PERM was filed and pending. The job description required Master and nothing else.

I obtained the Master degree even before filing EB3.

Now, I plan to file the 1st I-140 based on my old LC. My attorney said it would be approved without any problem.

Then, I plan to file the 2nd I-140 based on new LC and request PD carryover. My attorney said that I would have problem at this time. Since both LCs belong to the same company and both have the same job title - Software Engineer. And, they have different job requirement.

Any more comments?


Quote:
Originally Posted by franklin
I think it all depends on what the job qualifications required are.
Hope this helps
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  #6 (permalink)  
Old 02-10-2007, 09:43 PM
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Default

My gut feeling would be in agreeing with what your attorney says regarding the difficulty with the same job description but differing EB category.

However, I don't think the attorney would have filled for the EB2 knowing that it would not be accepted, especially if your company is paying for the process.

I guess you'll only really know if the tactic works when your EB2 LC is resolved.

I'm far from an attorney, but your general position seems similar to what I've been considering for a while (that's why I know a little bit about this). Sorry - can't be much more help other than that - its just my guessing, really. Maybe others on this board have applied the same theory with success.
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  #7 (permalink)  
Old 02-11-2007, 03:11 AM
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May-03
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EB2
I140 Mailed Date
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India
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disco is on a distinguished road
Default I have a similar situation

Nikhil2,
I have a similar situation. Same Company, Same position Name. Different Job Requirements & Job Description. Old Labor RIR EB3 (PD 2003). New Labor EB2 PERM.

My Lawyer seems to be comfortable & Confident. He is the one suggested this approach. Earlier I requested if we could apply for a different position with the same company. He decided to go with above approach and felt confident about it and also advocated the above to be a right and easy approach.

I am not a lawyer. But our company lawyer is very experienced and has big clients in Silicon Valley. Also He has done a lot of H1/Labor/Green Card for our company itself and hence I have confidence in him.

Hope this is helpful. People please let me know if as per your information this could be inappropriate. If that is the case I want to raise this at the right time as the labor application is still in a very initial stage.

Thanks


Quote:
Originally Posted by Nikhil2
I plan to transfer the priority date of an old LC to a new one. My attorney said my case won't work, since the two LCs belong to the same company and the positions (job titles) are the same. She indicates at least one of them needs be different.

I spent a whole night and cannot find any info about this.

Do you happen to know this? Any comments or links would be appreciated.
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  #8 (permalink)  
Old 02-20-2007, 05:12 PM
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Nikhil2 is on a distinguished road
Default

Thank you both.
Quote:
Originally Posted by disco
Nikhil2,
I have a similar situation...
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  #9 (permalink)  
Old 02-20-2007, 05:33 PM
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RajForGC is on a distinguished road
Default how about PERM EB3 to EB2

My PERM and 140 under EB3 is already approved last year, (other Conuntry). I am in the process of filing EB2, MS +0, with same company: different postion and 30% job req changes, prevaling wage is different level. I did my MS before I joined this company. My lawyer is saying we should be fine: any suggestions.
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  #10 (permalink)  
Old 03-21-2007, 10:02 AM
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Nikhil2 is on a distinguished road
Default

Does anybody have more comments on this case?
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  #11 (permalink)  
Old 03-21-2007, 12:40 PM
Member
Priority Date
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Aug-05
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06/14/2007
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Canada
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GoneSouth will become famous soon enough
Default

Hi Nickhil,

See my response on this other thread (Can 2nd labor be filed from the same company?). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.

You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.

With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.

- gs
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  #12 (permalink)  
Old 03-21-2007, 12:50 PM
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Sep-02
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EB2
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Default Yes you can

Yes you can take advantage of porting the priority date

Quote:
Originally Posted by gc4me
I have an EB3 LC/I-140 (2003 PD) approved from company X, now if I join company Y and file a new LC in EB2, can I retain my old PD?
Anybody has above experience, please share. Appreciate your responses.
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