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 which 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? In case the current employer withdraws 1-140, can I still port it to EB-2 with another employer?

 

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

 

Thanks and Regards.

[ashuneel]

make sure that current employer  applies for H-1B renewal right away.

You will have to start new GC process with new employer. New employer/ lawyer will decide if it qualifies for EB-2.

 

File FOIA to get current I-140. Receipt no. should be sufficient.

[itsmeusa]

First of all, you need to have at least the I-140 petition case no. If you don't have actual approval or copy, that's ok. You just need I-140 petition no.

Once you have it, ask new employer to file H-1b xfer and request up to 3 yrs on approved I-140. Join new employer only when H-1b xfer is approved.

For porting, your new employer has to start a new PERM / I-140 etc. Make sure new job is EB2 eligibile and you are qualified candidate for that job. Lawyer / employer would help you further. Once your PERM is approved, at the time of I-140 filing, your lawyer could ask USCIS to consider your earlier PD. You are entitled to keep PD established by approved I-140 even when that I-140 is later withdrawn. You loose PD only when USCIS revokes I-140 for fraud.