EB3 to EB2 Porting - EB2 I-140 Approved

[May_2004]

Hello,

I would really appreciate your suggestions/advise/tips regarding my situation:

I was employed with Company X since 2003 to Feb 2011.

With EAD, I moved onto a FTE position with Company Y in Feb 2011.

Company X has no issues at all with my resignation and continued supporting EB3 to EB2 porting.

EB3( India )

Priority Date Nov 2004

I-140 Approved

485 Pending Since 2007

EB2 ( filed in Dec 2010 with company X)

Ported EB3 to EB2 successfully and approved EB2 I-140 retains the EB3's old priority date.

EB2 I-140 was approved Nov 2011. ( No RFEs )

My questions:

1. I haven't filed an AC21 yet, Should I file it now prior to the

485 approval?

2. How long does it usually take for the 485 approval and the GC?

3. Since interfiling was requested, will USCIS link up the pending 485? Or do I have a file a separate 485? How do I find out my 485's current status?

Thanks in advance.

[Belle]

1. If you must file AC21 request, you should be done before I-485 approval. However, you generally don't need to port old I-140 if you have a new one.

3. Interfiling means that your I-485 should be considered based on the new I-140.

[May_2004]

Thanks Belle for your reply.

Forgot to mention that both EB3 and EB2 were filed by the previous employer.

The current employer does not sponsor any visa/labor/Green card.

My attorney had suggested, that I'd rather wait for the Eb2 I-140 to be approved, before filing AC21.

Would it be very risky not to file an AC21 prior to 485 approval? Would there be any problems if I file it now?

Also, when I lookup the status of my pending 485 ( filed in 2007 ) on USCIS web site, it says:

"Your case information is incomplete within Case Status Online. "

Is that status quite normal? or something to be worried about?

I really appreciate your help.

Thanks once again.

[May_2004]

Hello,

Further to the same topic, my I485 is in and has been showing "initial review" status since a month.

I had requested USCIS to attach my pending I485 to the new approved EB2 I140, but I havent received any confirmation of the same either via email or mail.

Does USCIS generally send a letter in the mail confirming the same?

I also a few questions regarding AC21:

Please note that my EB3 and EB2 are thru my previous employer( Company X)

1. My current employer,Company Y, ( who has nothing to do with the green card process) will not issue any letter to send to USCIS.

The HR asked me to send the "offer letter" as is.

2. The offer letter, besides other info, shows my title "VP - Engineer Team Lead" and the annual salary. It does not specify the software technologies.( Ex: C++, Java and so on)

3. The title as specified in the EB2 labor(Company X) is Software Engineer.

My attorney says that the company Y must issue an offer letter specifying the technologies.

She says that since the current job's title is different from the one in the EB2 labor, it would be a problem if we send in the AC21.

I am in a dilemna and feel like stuck between a rock and a hard place.

I would really appreciate any advice/help.

Please advice.

Thanks in advance.

[SaveusGod]

Dear May_2004

Can you please tell me , is there any conern/issue porting from EB3- EB2 with same employer?

I am going to start that process with my employer soon.

I appreciate your input on this.

[May_2004]

Hi,

Luckily, I haven't had any issues porting from EB3 to EB2.

You haven't mentioned details about your case - If you do qualify for a conversion then you probably might not have any issues too.

My only concern now is about AC21 because the current job title is different and moreover the offer letter does not have the job description ( like technologies invloved et al )

I don't know if I should file it now or rather wait for an RFE.

I have also read/heard that, in the absence of an AC21, one would have to work for the sponsoring employer after getting the GC.

Good luck with your conversion as we are all tired of waiting eternally in the EB3 category ( the Ostracized Lot )

your screen name says it all - indeed "SaveUsGod :-)

[SaveusGod]

Thank you May_2004.

[SaveusGod]

Hi May_2004

I have joined my current company in Sep 2007 and that time I had only 4.5 yrs of Exp.Since then I did not chnage employer.I got MS in CS in Aug 2011.Now my employer is going to file EB2 and then port eb3 date.

Can you please tell me how many chances of Porting and Approval?

[May_2004]

Hello,

Seems possible to port but please consult an attorney. { My personal knowledge about immigration matters is very limited }

Each case is different and it does need expert advice from an experienced attorney ( like Murthy law firm )

I wish you all the best.

[Belle]

"My attorney had suggested, that I'd rather wait for the Eb2 I-140 to be approved, before filing AC21."

Is he trying to file AC21 on that new I-140?

[May_2004]

Thanks Belle for your response.

EB-2 I-140 is approved and it also retains the old EB3 priority date ( May 2004 )

I had called USCIS a month ago and requested interfiling ( attaching EB2 I140 to the pending I485 )

Please note that both EB3 and EB2 are thru my previous employer. ( I was with my previous employer for 8 years )

I would like to file AC21, but there seems to be a problem with the title and a lack of job description in the current employer's offer letter.

1. Is it ok to send the current offer letter as is, to file AC21?

2. Also, is it too early to raise a service request with USCIS to determine, as to why it's taking so long to approve my I485?

Thanks once again and wish you a happy,healthy and a prosperous new year.

Appreciate your help.

[May_2004]

Yes, he's trying to file AC21 on the new EB2 I140.

[May_2004]

Hi Belle,

Another question- sorry, I am asking too many questions :-)

If I don't file AC21 and let's say my I485 gets approved and I get the GC.

Would I have to go back and work for the previous employer? or can I continue working with my current employer?

Thanks.

[May_2004]

Any inputs please?

Thanks.

[maninnj]

Please advise if I need to file a new I-485 as I got approved my I-140 under EB2 recently. I already have I-485 filed under EB3 back in 2007.Can I call USCIS and request to use my old I-485 form? The new I-140 approval notice does have old priority date on it.

[May_2004]

Hi Maninny,

Yes, you'd have to call USCIS and request interfiling ( that is attaching new approved EB2 to pending I1485 )

It's good that you do have old EB3 priority date on new EB2

[Belle]

If you change your sponsor under AC21, you should be working for the new employer after the approval.

As far as your job description goes - can you go to HR or your boss and aks for a printout of your job description? Nowhere in the law it says that it all has to be in the same letter. You can also just get a consutlation with a good lawyer to determine whether your job will qualify you for AC21. My understanding is that the USCIS may turn out to be a lot more lenient about the missing job descriptions than many people think. Many large companies do not give detailed job descriptions (especially to former employees - I had one of those bare-bones employment letters for I-140 and it worked fine), so the USCIS will most likely only ask if they think the job would not qualify. That or the adjudicator having a bad day.

[May_2004]

Thanks Belle for your response.