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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #31 (permalink)  
Old 09-23-2010, 07:54 PM
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Priority Date
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Aug-03
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I140 Mailed Date
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Quote:
Originally Posted by rsharma View Post
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
Don't worry brother....I started my Perm Eb2 ....I am eligible I have 9 + years of US experience itself...EB3 Who are eligible go for Porting....No other go for us.
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  #32 (permalink)  
Old 09-23-2010, 07:55 PM
Administrator
Priority Date
:
Jun-02
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:
EB3
I140 Mailed Date
:
08/04/2003
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India
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I-140+I-485
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10/06/2003
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Quote:
Originally Posted by jindhal View Post
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
You can think what you want. Most of IV core is/was Eb3. But never ever have anyone here sided with any one category. Maybe that's why a few good men rose above this small thinking, and they had the courage to join the core team for representing entire EB.

You can bicker as much as you want but you do not represent Eb2. As few days back there were a few claiming to be in Eb3 and they were blaming IV for working only for Eb2. These guys can also bicker as much as they want and they don't represent Eb3 either.

IV functions and represents the collective issues of the entire EB community without any regard to any amount of bickering from anyone in either Eb2 or Eb3 or India or China or ROW or any other group. You can say what you want but it won't stick. Our goal is clearly accessible from the homepage. If you don't agree with our goals, feel free to take this bickering somewhere else.

Just to be clear, you can say what you want but we don't think its your lunch.

Last edited by Administrator2; 09-23-2010 at 07:59 PM.
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  #33 (permalink)  
Old 09-23-2010, 09:51 PM
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Aug-06
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I140 Mailed Date
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I think it's tough for anyone to predict exact EB3 -> EB2 porting for this year at this point in time....It's definitely going to increase every year...unless some rule changes...It was pretty clear even before this lawyer posted that EB2 will have no or very slow movement without any spillover...
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  #34 (permalink)  
Old 09-23-2010, 10:13 PM
Donor
Priority Date
:
Mar-03
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:
EB3
I140 Mailed Date
:
03/05/2007
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India
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I-485
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06/08/2007
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I guess one strategy would be only to file for principal applicants, get green cards, become citizens and then sponsor dependents would be a faster route than waiting through the EB route Just kidding.
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  #35 (permalink)  
Old 09-23-2010, 10:31 PM
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Priority Date
:
Oct-06
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:
EB2
I140 Mailed Date
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08/03/2007
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Default Bickering won't help

EB-3 porting to EB-2 is ging to slow down EB-2. Everybody is fighting over this, btu has anybody tried to find actual number associated with porting? Mr. O said "thousand"..well..how many..4000, 5000, 10,000......all the calculation done on another thread already have accounted for about 6000 porting, per year..

Remember folks, these days companies are shying away from immigration related stuff, so for an EB-3 individual to be able to file in EB2 is not as easy as it sounds. I personally know 4 guys, one IT and 3 non-IT, whose companies have simply refused to entertain any request for upgrading the EB category.

So, laro matt..

Help IV to work in the direction of STEM Exemption, Visa recapture, dependent count elimination, country cap removal etc. Personally, I think STEM exemption should be the easiest to accomplish, but hey, we all know the ground reality.
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  #36 (permalink)  
Old 09-23-2010, 10:35 PM
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Priority Date
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Jan-04
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I140 Mailed Date
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08/15/2007
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Default Port baby Port

EB3 India guys realized that this is the only path to GC nirvana!

So our(EB3I) mantra now is "Port, baby, Port".
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  #37 (permalink)  
Old 09-23-2010, 11:10 PM
Member
Priority Date
:
Apr-08
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EB2
I140 Mailed Date
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06/30/2008
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India
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dummgelauft porting is happening and you may be correct about non IT companies and big IT companies being unwilling to port.
I can recollect 7 people immediately of which 1 is a genuine EB2 , 1 was a genuine Eb3 (2003) and remaining 3 have done labor substitution in Eb3 , 2 in Eb2 with dates ranging from 2002-2004 during the July Fiasco. 2 Eb2 people already got their GC's.

The other 3 people now have at least 3 years exp from 2007 --> 2010. Making them eligible for Eb2 ( with a variety of education + work exp combinations).

Lucky people are the ones, who could manage to get labor substitution during June-July 2007, got EAD's within 6 months, had the flexibility these 3 years and are now capable of porting to Eb2.

In the end it boils down to how resourceful one is and adapts to the situation and able to make things better for themselves. Same goes for L1 -> EB1 route. Porting by a person who has a substitute labor of 2002 ( in July 2007) will also effect a genuine EB3 application from 2006, as they are moving ahead even in the Eb3 queue.

Porting is here to stay , the only hope for people is to combine efforts and try to follow up on the various proposals ( STEM Exemption, visa recapture, counting dependents in family quota, and provide relief to people by at least letting them file 485's without waiting for dates to become current )
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  #38 (permalink)  
Old 09-24-2010, 09:51 AM
Member
Priority Date
:
Feb-05
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EB2
I140 Mailed Date
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07/24/2006
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India
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06/30/2007
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Default Please condider my rationale too...

Quote:
Originally Posted by Administrator2 View Post
Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.

Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.

A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.

Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.

Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.

SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?

If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.

Therefore EB2s who are from mid 2006 onwards will really get pushed back..

I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.

I hace passed this stage.. now its for you all to decide..
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  #39 (permalink)  
Old 09-24-2010, 10:18 AM
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Priority Date
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Oct-06
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Default

Quote:
Originally Posted by rsharma View Post
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.

A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.

Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.

Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.

SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?

If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.

Therefore EB2s who are from mid 2006 onwards will really get pushed back..

I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.

I hace passed this stage.. now its for you all to decide..
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
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  #40 (permalink)  
Old 09-24-2010, 10:32 AM
Senior Member
Priority Date
:
Nov-03
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:
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:
India
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I-485
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:
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Default

Quote:
Originally Posted by rsharma View Post
---
Guys wake up and fight to make the porting rules very strong if not stop porting. The rule should be if I140 for porting is denied then the applicant should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fraudulent applicants cannot port from EB3 to EB2.
---
There are many genuine cases, who could have applied in EB2, but due to some erroneous counsel by employer or legal, ended up in EB3 category. Having an option to port PD when applying under alternate category is available, and people eligible taking advantage of this should be allowed to do it and encouraged. Given the market condition, if some one could qualify under EB2 and successfully secure a EB2 labor/I-140, then it must be welcomed and only genuine cases could do so. People with EB3 PD of 2001 or 2002 and waiting for GC might already have worked one or two years prior to starting the process and might be in country working for almost a decade and some even have done their Masters and have the experience. With all this, if they take advantage of this, then they deserve it. I am not able to understand your concern, and also expecting/requesting the porting process to be stopped !! Does not sound right.
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  #41 (permalink)  
Old 09-24-2010, 10:34 AM
Senior Member/Moderator
Priority Date
:
Jul-07
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:
EB2
I140 Mailed Date
:
10/15/2007
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India
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I-485
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Quote:
Originally Posted by coopheal View Post
my dear friend come back in reality..... to put it least harshly... “khayali pulav banana band karo” (stop day dreaming)
IV core needs to focus on real issues and obstructions which anti throw our way
I believe that you dismissed my suggestion even before considering or reading it. Mere bhai mai yaha khayali pulav nahi paka raha (Brother Iam not day dreaming). However if you don't like my suggestion / idea I respect your opinion, peace !

First and foremost you do not need approval from anti's just some of their achievements are a) Neufiled h1B memo b) higher H1B fees c) Unnecessary RFE's on H1B extensions (Client Letter etc).

Now coming to the other group Illegal’s they will never support us "Legal’s" thank god the dream act is defeated and I hope CIR with illegal amnesty never sees the light of day. Iam sure you know why EB3-I is languished in 2001 for the last 5 years it was 245I.

To cut it short anti's and illegal’s will neither ever help or support our causes.

Coming to IV efforts they are indeed applaudable, however looks like some in the group like to oppose everything.

1) Allowing everybody to file for 485 if i140 is approved, we have a few who oppose this look at the poll results. Requires change of law.

2) Recapture won't fly with the agencies they won't accept wasted visas thing that easily. Requires change of law.

3) Country cap elimination, folks from ROW will be bitterly opposed to it in the name of diversity but the reality is that it is utterly unfair, in fact EB3 ROW is cruising comfortably but they complain about spillover, some of our friends from EB3-I also talk about the spillover rule but they don't realize the fact that all spillover goes to EB3 Row and it will not be current literally even in the next 5 or maybe 10 years because EB3 ROW has steady demand unlike EB2 ROW.

4) What’s left is excluding dependents from the EB cap, nobody except for illegals and anti's will oppose it. Anyway there seems to be no Cap for Illegal’s and Anti's but one thing is for sure that they are always united.

Friends once again I wish to say that this is the only unifying idea for the legal immigrant community and this is the way everybody can see green in the next 2 years. No other idea gives green to everybody in a 2 Yr timeframe. I agree it won't fly and requires a change of law but probably its the way to go. I would give all the credit to maverick979 and deepimpact for suggesting this on another blog if I remember correctly.
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  #42 (permalink)  
Old 09-24-2010, 10:36 AM
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Priority Date
:
Feb-05
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:
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I140 Mailed Date
:
07/24/2006
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:
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:
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Default Either way it is not correct

Quote:
Originally Posted by krish2006 View Post
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.

Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.

The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.

EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.

Else it is your fate.. you know better what to do...
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  #43 (permalink)  
Old 09-24-2010, 11:08 AM
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Default Get your facts straight

Quote:
Originally Posted by rsharma View Post
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.

Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.

The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.

EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.

Else it is your fate.. you know better what to do...
It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away..
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  #44 (permalink)  
Old 09-24-2010, 11:37 AM
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Default

Quote:
Originally Posted by rsharma View Post
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.

A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.

Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.

Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.

SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?

If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.

Therefore EB2s who are from mid 2006 onwards will really get pushed back..

I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.

I hace passed this stage.. now its for you all to decide..
The fact that B filed before A, puts B ahead of A. You must think of it as just one queue and not different queues.
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  #45 (permalink)  
Old 09-24-2010, 11:52 AM
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Default Labor Substitution was also legal once upon a time...

Quote:
Originally Posted by vbkris77 View Post
It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away..
I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..

But buy then major damage was done..

Therefore EB2 guys wake up till there is time.
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