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EB3 TO EB2 PORTING


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#1 yoyoman

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Posted 13 December 2011 - 02:35 PM

Hi all,
I have filed my PERM in EB3 with I 140 approved.
I have 4 yrs bachelor degree.
I am working for the current employer for 5+ years with progression in my job.
Can I do EB3-EB2 porting with the same employer or what are the chances/ways for porting?
Thanks.

#2 Attorney_20

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Posted 13 December 2011 - 05:32 PM

Generally, you cannot use on-the-job experience gained with the sponsoring employer unless the current job duties are 51% or more different from the future green card job. You and your employer should have an immigration attorney review your case to determine your ability to qualify for EB2 classification. The Murthy Law Firm has extensive experience in filing these "upgrade" cases. http://www.murthy.co...s/n_3to2up.html

#3 yoyoman

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Posted 13 December 2011 - 08:08 PM

Thanks for the reply.
My original case-I have 12 years experience-7 years in India and 5+ yrs in US with the same employer.
Applied in EB3 for some reason, now planning to port to EB2.
What are the possibilities?

#4 Attorney_20

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Posted 20 December 2011 - 10:55 AM

If you have 5 years of progressive experience gained after earning the Bachelor's you potentially qualify for an EB2 case if you have an employer willing to sponsor you for a position requiring a BS + 5. You should discuss your case with an immigration attorney to explore in detail your options.


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