| Author | Topic:
Porting I140 from EB3 to EB2 with same employer. |
sampath21 Member |
posted
November 06, 2009 05:13 PM
  Dear All,
My PD is March,2005 and company is applied my labor in EB3. Before joining this company I had masters(MCA) and 8 years of working experiance(5 years in USA + 3 years in India).
My I140 is approved in September,2009. My current company is agreed for applying new GC with EB2 from scratch. Current company started with new advertisements and other procedings for filling GC with EB2.
My attorney told me that while applying EB2 I-140 we need to send EB3 I-140 approval for porting priority date.
I have following questions for porting EB3 to EB2.
1. What kind of risks we may have, we are applying new labor with same company. But I'm not counting any experiance gained with current company.
2. In case EB2 I-140 denied then whether this will effect approved EB3 I-140?
Please advice.
Thanks, Sampath. Posts:
37 | Registered: July 14, 2009 |
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chathu Member |
posted
November 13, 2009 06:17 PM
  AS long as it is different job description, I think u are ok. Because for the same job description one cannot have EB2 & EB3 eligible... Posts:
130 | Registered: March 14, 2007 |
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lingslings Member |
posted
November 21, 2009 06:41 AM
  Portability of priority date (From EB3-I140 Approval) to EB2 is 100% possible. Since you have more than 8 years experience (Need an Experience letter with clear job description including skills)applying EB2 should work well. Please make sure current job description is qualify for EB2.
Even if you have enough experience/master degree, most of the job description does not require master degree or lot of experience. So your company needs to make sure the job description. Posts:
5 | Registered: February 05, 2007 |
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