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

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  #1 (permalink)  
Old 04-11-2007, 04:15 PM
Junior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
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Join Date: Mar 2006
Posts: 21
rk2006 is on a distinguished road
Default Eb3 PD porting without 5 yr exp

Hi,

I have a EB3 labor and 140 approved with PD->12/2002. By 12/2002 I do have 5yrs experience but now (2007) I do have 5yrs experience and I am eligible for EB2.

My question to the gurus is can I use my EB3 PD for EB2 with new employer and can apply for 485 which is current for 12/2002?

Also, while during this transistion/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?

Thanks in advance!
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  #2 (permalink)  
Old 04-11-2007, 04:23 PM
Member
Priority Date
:
Oct-02
Category
:
EB2
I140 Mailed Date
:
12/10/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
03/16/2007
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Join Date: Sep 2006
Posts: 93
radhagd will become famous soon enough
Default

Quote:
Originally Posted by rk2006
Hi,

I have a EB3 labor and 140 approved with PD->12/2002. By 12/2002 I do have 5yrs experience but now (2007) I do have 5yrs experience and I am eligible for EB2.

My question to the gurus is can I use my EB3 PD for EB2 with new employer and can apply for 485 which is current for 12/2002?

yes you can apply EB2 if you have 5 yeas experience as of 2007 and can port PD.

Also, while during this transistion/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?

According to Rajiv khanna and other lawyers it is possible. But to be on safe side do not join new company and convince new company to file labour and I140 as future employer and can join at I485 stageThanks in advance!
radhagd
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  #3 (permalink)  
Old 04-11-2007, 04:25 PM
Member
Priority Date
:
Sep-03
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
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Join Date: Aug 2006
Posts: 45
md2003 is on a distinguished road
Default i-140 not revoked due to fraud

As long as previous employer not revoked/Cancel your i-140 you are safe. You can port your priority date.

But i don't see any body who ported PD even if prior employer cancel or revoke.
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