GC porting from Eb-3 to Eb-2, I-140 approved

[Sud]

Hello,

Am currently on H1 extensions based on GC filing of Eb-3, I-140 approved in 2011. If I am planning for a job change and want to port my existing GC to Eb-2, what documents will be required by the new employer's attorney to file for this porting to Eb-2? I do not have the actual copy of DOL I-140 approval with me as its an employer document and is not shared with employees. What other sort of documentation can be used to successfully port in this case from Eb-3 to Eb-2? (like prior I-129 with mentions extension provided under AC21 and labor approval on Eb-3, emails on I-140 approvals from the current employer?)

 

Also, if the porting is successful, will my green card move to Eb-2 and I-140 approved, making me eligible for next 3 yrs of extension on my H1?

 

My current H1 extension on Eb-3, I-140 expires on April 2015.

 

How long does such portings generally take?

 

Please advise so that I can plan ahead as per it.

 

Thanks and Regards.

[itsmeusa]

First there is no such thing as porting GC from Eb3 to Eb2.

 

Once you join your new H1b employer, he has to start new PERM process for you. Once PERM is approved, while filing I-140, your employer / lawyer could ask USCIS to port your earlier PD (from EB3) to this I-140 (Eb2). And then the wait starts for getting the dates current.

 

So, if you see, this whole process of porting could take anywhere from 1+ years to 2+ years depending on how smoothly it goes.

[Sud]

Thanks for the clarification.

 

For porting PD from EB3 to EB2, what sort of documentation is needed? As I mentioned, I do not have I-140 approval documents, and only have alternate proofs of my H1 extension based on AC21 and I-140 approvals, got 3 yrs of extension. Will this suffice for porting PD? or if I have the approved I-140 case number is that enough for this process to happen smoothly?

 

My current H1 extension on I-140 expires in April 2015. If my new employer were to initiate this new PERM in EB2 by October 2014, will I be able to get additional H1 extensions post PERM filling on EB-2, given that PD porting may not be complete by next April?

 

Also, how does it work if the current employer revokes I-140 after I join the new employer?

[itsmeusa]

Copy of earlier approved I-140 or just a case no will be enough to port PD.

 

When H1b transfer to new employer is filed, he could ask USCIS for 3 years of H1b. If granted, you would have enough time to get PERM and I-140 approved & port PD. 

 

Beneficiary looses PD only when USCIS revokes I-140 for fraud. If employer revokes your I-140, the PD is yours to keep forever.

[Sud]

Thanks again. My current employer and lawyer didnt mention that H1 can be granted for 3yrs when H1 transfer is filed. Hence this whole process of PERM and porting PD was not fitting well into my timelines.

 

Only question now is on what sort of documentation will be required, as the law firms says that they need something more than just the I-140 case number to prove that my I-140 is approved and for that I have provided my previous H1 extension documents (I-129, Supp documents) when I had got 3 yrs extension on I-140 approval. Should these documents be enough to show as proof of my I-140 approval apart from the approved SCR case number?

[itsmeusa]

I-140 case no is definitely more than enough. Change the lawyer if they don't get simple thing like this.