Eb3 to Eb2 porting


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hello everyone,

need some lights on my case for porting from eb3 to eb2.

 

i did completed my degree in 2008 and my labour was filed on 2011 and got approved, My 140 got approved as well.

my degree in India is a 4 years couse and i have 5 years of experience.

when my labour was filed it was on eb3 bcoz i dint have 5yrs at that time.

now in 2013 i have 5 years of IT experience, is it possible to port from eb3 to eb2 category ??

plz advice

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No, it is not possible to port from EB3 preference category to EB2 preference category with an existing job.  As has been posted innumerable times before it is the job qualifications and description that determines the employment based (EB) preference category -- not the employee, plus experienced gained when working for an employer cannot generally be used toward job qualifications in an immigration filing.  This is especially true if it is the same job.  It is also important to remember that "porting from EB3 to EB2" is a completely new EB2 PERM labor certification application and I-140 petition that ports your original EB3 priority date (i.e. only the priority date is ported to the new EB2 process).
 

Since the job required a Bachelors degree and less than 5 years experience when you started and you are still working at that job, then effectively nothing has changed with respect to the job qualifications, and thus you cannot use that job for filing under the EB2 preference category.

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i did completed my degree in 2008 and my labour was filed on 2011 and got approved, My 140 got approved as well.

my degree in India is a 4 years couse and i have 5 years of experience.

when my labour was filed it was on eb3 bcoz i dint have 5yrs at that time.

now in 2013 i have 5 years of IT experience, is it possible to port from eb3 to eb2 category ??

But still it's the same job and your labor was approved for that job. So you cannot port to EB2, like @catx explained you clearly it will be new application from scratch.

 

But in future if you find a job which comes under EB2  then you can port your PD at that time.

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so the bottom line would be i need to change my employer and the new firm can process in EB2 so that i can maintaing the priority date ?

or with an existing employer i have to start the labour fresh on eb2 where i cannot port the priority date?

correct me if am wrong

No, you need to find another job which comes under EB2 category.

It doesn't matter whether it's the same employer or new one.

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No, you need to find another job which comes under EB2 category.

It doesn't matter whether it's the same employer or new one.

 

A notable caveat if it is a new job with same employer is that there are specific additional requirements and restrictions placed on using experience with the same employer toward the EB2 qualifications for the new job, and these should not be taken lightly or casually.

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