EB3 to EB2 porting

[EB3tangled]

This is my first question in this forum. I am working for company 'XYZ', say I join company 'ABC' can new company start a new PERM in EB2 category without referencing the old PERM, assuming my previous employer XYZ doesn't give me a copy or any detail of previously approved PERM which means AC21 is out of question.

[Belle]

"assuming my previous employer XYZ doesn't give me a copy or any detail of previously approved PERM which means AC21 is out of question."

It is not out of the question. If you worked in a job that you applied for AOS for, I would assume you know SOME details of what you were doing. You don't need an exact description to file AC21, but you have to be eligible.

You should call your previous lawyer and ask them to give you your A number and your I-140 receipt number so that you can port your priority date.

[EB3tangled]

Originally posted by Belle:

"assuming my previous employer XYZ doesn't give me a copy or any detail of previously approved PERM which means AC21 is out of question."

It is not out of the question. If you worked in a job that you applied for AOS for, I would assume you know SOME details of what you were doing. You don't need an exact description to file AC21, but you have to be eligible.

You should call your previous lawyer and ask them to give you your A number and your I-140 receipt number so that you can port your priority date.

In other words you are saying after changing job I first need to send AC21 infoming USCIS about the job change and then work with new employer to apply for EB2. Can that be done in parallel? Or USCIS will raise that as a concern (RFE) saying you didn't take on new job at the same level as your approved labor. And what happens if the new EB2 PERM is rejected? Will it automatically terminate existing PERM for EB3 because I am no longer empoloyed at the previous level.

[Belle]

"In other words you are saying after changing job I first need to send AC21 infoming USCIS about the job change and then work with new employer to apply for EB2"

That's how I would do it, assuming, you are eligible for AC21. This way, your I-485 is covered at all times.

"Or USCIS will raise that as a concern (RFE) saying you didn't take on new job at the same level as your approved labor. And what happens if the new EB2 PERM is rejected? Will it automatically terminate existing PERM for EB3 because I am no longer empoloyed at the previous level."

I don't understand what you mean by "the same level". If the job is similar, it will qualify under AC21. Don't have to be the same - the law clearly specifies SIMILAR.

[EB3tangled]

Thank you so much for writting back to me Belle

Originally posted by Belle:

"In other words you are saying after changing job I first need to send AC21 infoming USCIS about the job change and then work with new employer to apply for EB2"

That's how I would do it, assuming, you are eligible for AC21. This way, your I-485 is covered at all times.

Sounds perfect, thank you

"Or USCIS will raise that as a concern (RFE) saying you didn't take on new job at the same level as your approved labor. And what happens if the new EB2 PERM is rejected? Will it automatically terminate existing PERM for EB3 because I am no longer empoloyed at the previous level."

I don't understand what you mean by "the same level". If the job is similar, it will qualify under AC21. Don't have to be the same - the law clearly specifies SIMILAR.

Ok, let me elaborate... let's say I join the new company which is offering me a job which is higher than my approved PERM because I advanced in my education, yrs experience etc. In that case what will be the process?

[Belle]

In AC21, all that matters if the responsibilities are similar. If you are not sure, you may show both job descritions to a good lawyer.