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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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  #1 (permalink)  
Old 07-12-2011, 07:36 PM
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Question EB3 to EB2 options?

Hello,

Here's my situation:
1. H1B - 6 years + 1 year complete, into my 9th year valid through November 2012
2. LC and 140 approved - EB3 (priority date: Aug 2007)
3. I have a B. Sc. degree from India and total of 17 years of experience - 6 years with the current employer who filed LC/140

When the employer filed for my LC/140 had confirmed that they will file under EB2 and I got my approval sometime in 2009. I was stupid enough to not confirm then, but I verified my approval notice recently and found thaty had filed under EB3.

I have already spent 8+ years in the US and have been working in this field for 17+ years, if I continue waiting for EB3, not sure when I'll get it. Also, I think, my case should be have been filed under EB2, given that I had 11+ years experience when I started working for this company...

Questions:
1. Can I do EB3 to EB2 with the same employee? My job profile has changed considerably since I started working with this company.
2. Can I move to another company and have them refile my LC/140? Would there be any issues given that I am in my 9th year?
3. What, if any, are my other options?

Please help.
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  #2 (permalink)  
Old 07-12-2011, 07:51 PM
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Default 3 year degree EB2 is not sure a thing and risky

Quote:
Originally Posted by allinoneuser View Post
Hello,

Here's my situation:
1. H1B - 6 years + 1 year complete, into my 9th year valid through November 2012
2. LC and 140 approved - EB3 (priority date: Aug 2007)
3. I have a B. Sc. degree from India and total of 17 years of experience - 6 years with the current employer who filed LC/140

When the employer filed for my LC/140 had confirmed that they will file under EB2 and I got my approval sometime in 2009. I was stupid enough to not confirm then, but I verified my approval notice recently and found thaty had filed under EB3.

I have already spent 8+ years in the US and have been working in this field for 17+ years, if I continue waiting for EB3, not sure when I'll get it. Also, I think, my case should be have been filed under EB2, given that I had 11+ years experience when I started working for this company...

Questions:
1. Can I do EB3 to EB2 with the same employee? My job profile has changed considerably since I started working with this company.
2. Can I move to another company and have them refile my LC/140? Would there be any issues given that I am in my 9th year?
3. What, if any, are my other options?

Please help.
1. It is possible. However this may require a H1B amendment to change job duties and responsibilities, prior filing PERM with DOL. That will substantiate the claim of EB2 I140 petition later.

2. Yes, you can. But make sure that you have copy of approved I140. You don't need original. The new company can use the approved I140 copy of old employer and ask for new 3 year when they file a H1B transfer. You are eligible for indefinite H1B renewal until you get your GC, if your I140 is approved. Each renewal or transfer is eligible for 3 years. But make sure that old employer is not revoked your I140 before H1B is approved from the second employer. After you join the second employer, you have 3 years to get new PERM approved and new I140 is approved.


Here is the USCIS link for EB2 qualifications.

USCIS - Employment-Based Immigration: Second Preference EB-2

See whether you can qualify in any of those areas with sub categories. You have 3 year degree, which is very risky for EB2.
I am also in the beginning of making porting and my lawyer discourages to port and telling me that B.E ( 4 year) + 5 year work experience is not done deal for EB2. There may be some RFEs during I140. However many of my friends ported successfully in last one year. I will be senior citizen by the time i get greened. So every EB3 holders with priority date between 2004-2007 should really explore the porting. Otherwise we'll never get greened.

Last edited by tampacoolie; 07-12-2011 at 08:08 PM.
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  #3 (permalink)  
Old 07-12-2011, 08:02 PM
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Default

Chanda mama so gaye sooraj chachu jage
Dekho pakdo yaaron, ghadi ke kaante bhage

Ek kahani khatam to dooji shuru ho gayi mamu

Subah ho gayi mamu, mamu, manu
Subah ho gayi mamu, mamu, re manu

Welcome to forum.. we need more EB3 to wake up!
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  #4 (permalink)  
Old 07-12-2011, 08:31 PM
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Default Nice one

Quote:
Originally Posted by gk_2000 View Post
Chanda mama so gaye sooraj chachu jage
Dekho pakdo yaaron, ghadi ke kaante bhage

Ek kahani khatam to dooji shuru ho gayi mamu

Subah ho gayi mamu, mamu, manu
Subah ho gayi mamu, mamu, re manu

Welcome to forum.. we need more EB3 to wake up!
I would say EB2 with PD later than Q1 2008 has no chance until Fall 2014. That is 3 Years from now. Everyone should get involved in advocacy.
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  #5 (permalink)  
Old 07-12-2011, 08:35 PM
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Default

Quote:
Originally Posted by gc_on_demand View Post
I would say EB2 with PD later than Q1 2008 has no chance until Fall 2014. That is 3 Years from now. Everyone should get involved in advocacy.
Yeah, let those youngsters watch us and learn something from our suffering!
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  #6 (permalink)  
Old 07-12-2011, 08:38 PM
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Default

Yes, I woke up late... but I was always under the impression that the employer filed under EB2, as promised and my bad that I trusted them. Anyways, whatever is gone is gone, I am going to focus on what can be done.

About 3 years degree, I thought that the experience could substitute for a year's worth of education. Maybe I am wrong.

You know the worst part, I (and my family) haven't been able to visit India since we came here - initially because we never thought we were going to stay here, but then once the process started and I got into this consulting thing... always due to the fear of 221g.
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  #7 (permalink)  
Old 07-12-2011, 08:43 PM
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Default

Quote:
Originally Posted by allinoneuser View Post
Yes, I woke up late... but I was always under the impression that the employer filed under EB2, as promised and my bad that I trusted them. Anyways, whatever is gone is gone, I am going to focus on what can be done.

About 3 years degree, I thought that the experience could substitute for a year's worth of education. Maybe I am wrong.

You know the worst part, I (and my family) haven't been able to visit India since we came here - initially because we never thought we were going to stay here, but then once the process started and I got into this consulting thing... always due to the fear of 221g.
How did you confirm if its EB2 or EB3....
__________________
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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  #8 (permalink)  
Old 07-12-2011, 08:49 PM
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Default

Sec. 203 (b) (3) (A) (i) or (ii) printed on my 140 approval notice.
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  #9 (permalink)  
Old 07-12-2011, 09:19 PM
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Priority Date
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Aug-06
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I140 Mailed Date
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Default EB3 Revolt

Quote:
Originally Posted by gk_2000 View Post
Chanda mama so gaye sooraj chachu jage
Dekho pakdo yaaron, ghadi ke kaante bhage

Ek kahani khatam to dooji shuru ho gayi mamu

Subah ho gayi mamu, mamu, manu
Subah ho gayi mamu, mamu, re manu

Welcome to forum.. we need more EB3 to wake up!
Since, I don't speak Hindi, Can I get separate country for TN so that at least I could move to EB3 ROW? South Sudan is a new country now. I hope TN separates from India. We all can ask for separate country for each state and confuse the hell out of USCIS and DOS visa bulletin

Last edited by tampacoolie; 07-12-2011 at 09:26 PM.
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  #10 (permalink)  
Old 07-12-2011, 09:28 PM
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Default

Quote:
Originally Posted by allinoneuser View Post
Hello,

Here's my situation:
1. H1B - 6 years + 1 year complete, into my 9th year valid through November 2012
2. LC and 140 approved - EB3 (priority date: Aug 2007)
3. I have a B. Sc. degree from India and total of 17 years of experience - 6 years with the current employer who filed LC/140

When the employer filed for my LC/140 had confirmed that they will file under EB2 and I got my approval sometime in 2009. I was stupid enough to not confirm then, but I verified my approval notice recently and found thaty had filed under EB3.

I have already spent 8+ years in the US and have been working in this field for 17+ years, if I continue waiting for EB3, not sure when I'll get it. Also, I think, my case should be have been filed under EB2, given that I had 11+ years experience when I started working for this company...

Questions:
1. Can I do EB3 to EB2 with the same employee? My job profile has changed considerably since I started working with this company.
2. Can I move to another company and have them refile my LC/140? Would there be any issues given that I am in my 9th year?
3. What, if any, are my other options?

Please help.
This is what Murthy Law firms Attorney's quoted for a 3-yr degree from IND in response to question by different person.

"In general, it is well settled case law that an Indian 3-year Bachelors degree will not be able to be used to equate to qualifications necessary for an EB2 Greencard position, no matter how many years of experience or Indian PGDs one has. However, there is a separate category for individuals with exceptional abilities who are working in a job that requires these abilities to qualify for an EB2 position even having a 3-year degree. These applications have higher standards that can be difficult to meet, however, if you think you may qualify, you should consult a knowledgeable immigration attorney in regard to your case."
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  #11 (permalink)  
Old 07-13-2011, 09:59 AM
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Default

Thank you all for your responses.

So, even if I cannot get ported to EB2, changing an employer should not be a problem right?

On a lighter note, is there any hope for EB3?
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  #12 (permalink)  
Old 07-13-2011, 10:38 AM
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Default

Quote:
Originally Posted by allinoneuser View Post
Thank you all for your responses.

So, even if I cannot get ported to EB2, changing an employer should not be a problem right?

On a lighter note, is there any hope for EB3?
Yes. There is hope. But only when you take it seriously.
Advocacy is the option for EB3 to get relief.
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  #13 (permalink)  
Old 07-13-2011, 10:44 AM
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Default

Quote:
Originally Posted by tampacoolie View Post
Since, I don't speak Hindi, Can I get separate country for TN so that at least I could move to EB3 ROW? South Sudan is a new country now. I hope TN separates from India. We all can ask for separate country for each state and confuse the hell out of USCIS and DOS visa bulletin
I think it would be better for you guys to bite the bullet and learn some Hindi. I am sure you guys are intelligent enough
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  #14 (permalink)  
Old 07-13-2011, 11:36 AM
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allinoneuser is on a distinguished road
Default

Quote:
Originally Posted by pappu View Post
Yes. There is hope. But only when you take it seriously.
Advocacy is the option for EB3 to get relief.
How can we help?
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  #15 (permalink)  
Old 07-13-2011, 11:38 AM
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Priority Date
:
Oct-07
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11/03/2011
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Default

Quote:
Originally Posted by gk_2000 View Post
I think it would be better for you guys to bite the bullet and learn some Hindi. I am sure you guys are intelligent enough
it's not question of intelligence, rather it's the necessity.
Do we have to spend time & money and learn hindi just to read what gets scribbled in this forum??
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