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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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  #16 (permalink)  
Old 04-01-2011, 02:54 PM
Member
Priority Date
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Feb-03
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EB3
I140 Mailed Date
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India
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06/02/2007
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alias will become famous soon enough
Default Please quit implying tactics

Quote:
Originally Posted by snathan View Post
Unfortunately it seems like EB2 is no go for you...

1. Same employer
2. From your information...the job requirement is not genuine.

If you file for EB2 and if there is an audit, you will also lose your EB3. Go for EB2 if you are ready to lose your EB3 as well in case of audit.
Quit scaring people with your self inflicting tactics. I know where this's coming from.

There was an article that someone wrote a month back on this subject. That was purely based on speculation and how he thought that porting with the same employer is a bad idea. Google - EB3 to EB2 with same employer.

I discussed this with my attorney at length and although he agreed on the point that it may or may not happen but he doesn't know of a single case that CIS has asked foran evidence to show the existence of the old EB3 job. Any attorney or otherwise can make conspiricy theories as much as they like but ultimately it all depends on what CIS is going after these days.....
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  #17 (permalink)  
Old 04-01-2011, 03:11 PM
Senior Member
Priority Date
:
Jan-04
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EB3
I140 Mailed Date
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05/06/2007
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Default

Quote:
Originally Posted by snathan View Post
Just posted by some one else who has ported with different employer. If I understand it right they want to know how the EB3 vacancy is going to be filled once the person moved to the EB2 job (Otherwise I am not sure why they need proof for EB2 job). Its for new employer....imagine what they would ask if its the same employer.
You understand it wrong. That query sounds illogical to me.

Can you tell me if they ask this question at 140 stage or labor?

BTW, someone mentioned about the blog talking about this question "what happened to eb3 job..." I very well know which "blog" is being mentioned.
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  #18 (permalink)  
Old 04-01-2011, 03:37 PM
Senior Member
Priority Date
:
Jun-03
Category
:
EB3
I140 Mailed Date
:
10/22/2006
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India
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I-485
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:
07/12/2007
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Default

YES. EB3 FOLKS CAN MOVE TO A DIFFERENT JOB WHICH QUALIFIES FOR EB2.

It does not matter if the employee started on EB3 in year X and X+10 yrs later qualified and filed for EB2.
As long as the position is valid, job offer valid, labor market tested and the employee qualifies for the job- he can now work in the new position. SAME EMPLOYER OR Different employer does not matter.

An employee technically only starts work after GC is approved. So if there are 2 jobs one-advertised and qualifies for EB2 the other advertised/qualifies for EB3, then both exist and if the employee starts on one and moves to other it is okay as long as
1) there are no qualifiying USC's or others (PERM)
2) employee qualifies, (PERM)
2) Valid Job offer, Financial strength of company and other (I140).

After employee recieves GC, he needs to work for the petitioning employer for a reasonable period so as to establish true intent.

YES. The other position is vacant- it can be vacant. JOB offer cancelled, or position eliminated for lack of available applicants.
The confusion between members is:
In the past- this position was sold. (now it is rightly disallowed)- that was called labor subs. And now it is not allowed and rightly so./

Last edited by amitjoey; 04-01-2011 at 03:39 PM.
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  #19 (permalink)  
Old 04-01-2011, 03:40 PM
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Priority Date
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Oct-08
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I140 Mailed Date
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06/05/2009
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01/06/2012
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Default

Quote:
Originally Posted by snathan View Post
Just posted by some one else who has ported with different employer. If I understand it right they want to know how the EB3 vacancy is going to be filled once the person moved to the EB2 job (Otherwise I am not sure why they need proof for EB2 job). Its for new employer....imagine what they would ask if its the same employer.
LOL.. snathan you are totally misconstruing the post by NYCBrown. It is clear from NYCBrown's post that the RFE is for EB2 and issued to the new employer, not the old one.
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  #20 (permalink)  
Old 04-01-2011, 03:58 PM
Senior Member
Priority Date
:
May-08
Category
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EB2
I140 Mailed Date
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06/25/2010
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India
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I-140
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01/27/2012
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Default

Quote:
Originally Posted by snathan View Post
Just posted by some one else who has ported with different employer. If I understand it right they want to know how the EB3 vacancy is going to be filled once the person moved to the EB2 job (Otherwise I am not sure why they need proof for EB2 job). Its for new employer....imagine what they would ask if its the same employer.
snathan, if I were you, I would quit adding to this thread.

Even to a porting layman like me it is very clear you don't have the facts and seem to highlight risks which don't seem to have any basis. I can understand the need to help others but not by providing misinformation.

By the way I am interfering because I would like all EB folks on this site to remain united and feel a bit miffed when responses like yours unnecessarily affect the calm. Please refrain from ruffling feathers when there is absolutely no need for it.
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  #21 (permalink)  
Old 04-01-2011, 04:24 PM
Donor
Priority Date
:
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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Default

Quote:
Originally Posted by bondgoli007 View Post
snathan, if I were you, I would quit adding to this thread.

Even to a porting layman like me it is very clear you don't have the facts and seem to highlight risks which don't seem to have any basis. I can understand the need to help others but not by providing misinformation.

By the way I am interfering because I would like all EB folks on this site to remain united and feel a bit miffed when responses like yours unnecessarily affect the calm. Please refrain from ruffling feathers when there is absolutely no need for it.
I have clearly stated in my previous posting on this thread that I dont have much information as I dont have first hand experience. But I have posted the information from another thread as a reponse to his questions. I have stopped posting on this thread otherwise - as I dont have anything to add. Peace.
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
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  #22 (permalink)  
Old 04-01-2011, 04:25 PM
Senior Member
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N/A
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Default

Guys,

You can port from EB-3 to EB-2 with the same employer but cannot count experience gained with the same employer. The argument that has been made is: if the employer can hire and train you why not hire a citizen and train a citizen.

You can check with any attorney and this is what you will hear.
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  #23 (permalink)  
Old 04-01-2011, 04:26 PM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Default

Quote:
Originally Posted by snathan View Post
Just posted by some one else who has ported with different employer. If I understand it right they want to know how the EB3 vacancy is going to be filled once the person moved to the EB2 job (Otherwise I am not sure why they need proof for EB2 job). Its for new employer....imagine what they would ask if its the same employer.
Quote:
Originally Posted by hsd31 View Post
LOL.. snathan you are totally misconstruing the post by NYCBrown. It is clear from NYCBrown's post that the RFE is for EB2 and issued to the new employer, not the old one.

Please read again..
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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  #24 (permalink)  
Old 04-01-2011, 04:40 PM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
05/06/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
05/06/2007
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Default

Quote:
Originally Posted by snathan View Post
I have clearly stated in my previous posting on this thread that I dont have much information as I dont have first hand experience. But I have posted the information from another thread as a reponse to his questions. I have stopped posting on this thread otherwise - as I dont have anything to add. Peace.
Your posts have already lost credibility when you talked about "selling" the employment!

No offense to you, but I suggest other readers not to take your posts seriously.
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  #25 (permalink)  
Old 04-01-2011, 04:45 PM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Default

Quote:
Originally Posted by Sachin_Stock View Post
Your posts have already lost credibility when you talked about "selling" the employment!

No offense to you, but I suggest other readers not to take your posts seriously.
DO you have any problem with comprehension... don’t take the literal meaning. 'The EB3 job was sold' - I meant to say, the labor market was tested there is no qualified/willing Americans are available and up on approval of this GC, the beneficiary will be employed as a permanent employe of the sponsoring company. (Means the DOS was convinced by the employer)

You really need rest man.
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD

Last edited by snathan; 04-01-2011 at 04:48 PM.
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  #26 (permalink)  
Old 04-02-2011, 10:26 AM
Donor
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
06/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
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Default Funny system

EB3 - EB2 cases are decided based on individual qualifications.

Give your details to an attorney and they will decide whether it is worth taking that route or not.

You - Your Employer - Your Attorney, all should fit in the right slots to file this.

There are cases where employers refuse and there are cases attorneys (if genuine) recommend not to waste money.
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  #27 (permalink)  
Old 04-02-2011, 10:58 AM
Member
Priority Date
:
Sep-07
Category
:
EB2
I140 Mailed Date
:
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/21/2011
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You seem to be in a total disconnect with what the reality is in terms of porting within the same employer. I know of two cases which went into audit and both were same employer EB3 to EB2 port cases. No one on this forum is trying to create any scare. They are just trying to highlight the risks involved.
Attorneys at my company are advising against doing this. They are warning that our original EB3 could be at risk. Why would an attorney try to do this if the issues were not genuine. They would lose money by not doing the porting.

Quote:
Originally Posted by Sachin_Stock View Post
Quite contrary, its much safer to do it with the same employer. Vast majority of the porting cases are with same employer.

The only clause is, the Eb-2 job position should be considerably different Eb-3. Now if a person has worked in same firm for more then FIVE years, I would assume that he indeed must have progressed.

Last edited by gc_vbin; 04-02-2011 at 11:00 AM. Reason: typos
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  #28 (permalink)  
Old 04-02-2011, 12:12 PM
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Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
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Quote:
Originally Posted by gnanap View Post
Hi All,
I am planning to port my eb3 to eb2 application.

Unfortunately I (having bachelor degree with 16 yrs education) was NOT having 5 yrs of experience (fell short 3 months) before joining the current employer so we had to filed it in EB3.

Currently I have gained 7 yrs of experience in the current employer. With total 12 yrs of experience, is it possible to file my Labor/GC application in EB 2 in different role/title (may be manager or something different) with the same employer (by using the experience gained in the current employer). My employer has promised me that he will provide any support (paper work) required this.

Please advice me if this is going to work or NOT.

I have seen the following thread where someone has ported eb3 to EB2 with same employer by putting the experience in the current employer.

http://immigrationvoice.org/forum/fo...-employer.html (Eb3-Eb2 porting 140 approved same employer)

Please let me know.
Thanks!
Prakash

If you are in IT or work for a shady desi bodyshop. You are inviting an audit. If you are in any other good american company, you can try your luck.
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  #29 (permalink)  
Old 06-04-2011, 10:18 PM
Junior Member
Priority Date
:
Jul-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
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:
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Default Successful Porting - Same Employer

My GC was approved as of June 2nd. Working with same employer, a consultancy firm. No audits in Perm process. One RFE in I-140 which asked for employer tax returns which is very common. Fully agree with Sachin, porting is the WAY TO GO!
Dear EB3 friends - consider porting..sooner the better. The only requirement when porting with same employer is that the new position requirements should be 50% or more than the existing one.
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  #30 (permalink)  
Old 06-04-2011, 11:12 PM
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AllVNeedGcPc is just really nice AllVNeedGcPc is just really nice AllVNeedGcPc is just really nice AllVNeedGcPc is just really nice
Thumbs up Yes EB2 porting is the way to go for EB3 folks...

.

Last edited by AllVNeedGcPc; 06-13-2011 at 11:04 PM. Reason: N/A
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