EB3 to EB2 porting

[EB3tangled]

My I-140 was approved under EB3 category and subsequently filed AOS, (present status: pending approval). After I-140 approval I earned MS degree and am qualified for EB2 with a total of 10+yrs experience. A new company would like to hire me for a job requires MS but they are unclear about the process, can some please guide me with the steps.

[Attorney_20]

The new company would have to get a new labor certified by DOL on your behalf. Once the LC is certified, the company would file an I-140 petition requesting retention of your earlier priority date based on the original approved I-140. Once the new I-140 is approved and the old priority date is retained (it will be on the approval notice), you would be able to request that USCIS replace the old EB3 I-140 associated with your I-485 with the new EB2 I-140. If that "interfiling" request would make you current, USCIS would finish processing your pending I-485.

You and your employer should definitely consult an immigration attorney to assist you throughout the green card process. We routinely file green card cases involving priority date retention and "upgrading" to EB2 from EB3.

[EB3tangled]

Originally posted by Murthy Law Firm Attorney 20:

The new company would have to get a new labor certified by DOL on your behalf. Once the LC is certified, the company would file an I-140 petition requesting retention of your earlier priority date based on the original approved I-140. Once the new I-140 is approved and the old priority date is retained (it will be on the approval notice), you would be able to request that USCIS replace the old EB3 I-140 associated with your I-485 with the new EB2 I-140. If that "interfiling" request would make you current, USCIS would finish processing your pending I-485.

You and your employer should definitely consult an immigration attorney to assist you throughout the green card process. We routinely file green card cases involving priority date retention and "upgrading" to EB2 from EB3.

Excellent, thank you Attorney 20, can you please let me know how to request your (or an Murthy attorney) servvices/ fees etc. ?

Will the new company have to file labor before or after I join them? If 'before' then the process is clear, but if 'after' then can I join them with EB3 and subsequently file a new labor & I-140 under EB2 category. In that situtation what happens if new labor is not approved? Can I continue with EB3 or that will automatically void since I applied for EB2. Or I'll have to look for a job with "Same/ similar" responsibilities as in EB3?

[Attorney_20]

The new company can begin the labor certification process before you start working for them. Feel free to call our office at 410-356-5440 to discuss the details of your case with an immigration attorney in our Green Card Department.