EB-3 to EB-2 portability by changing employers

[gary8378]

My company "A" filed labor under EB-3 back in 2007. I have an approved I-140 with a priority date of Oct 2008. This company is not willing to file under EB-2 even though I qualify for EB-2 in the current position. I am planning to change company who will file under EB-2. Question I have is :

·         If Company “A” filed labor under EB-3, and you change to company “B”, can the new company file under EB-2 and capture the old priority date from Company A? or

·         Is the company “B” required to file under EB-3 first, capture the priority date from the old employer and and then re-file under EB-2? If this is so, my chances of changing companies are slim as no company will file for Labor twice!!

 

Please advise.

Thanks in advance.

[ashuneel]

the new company can file under EB-2 and capture the old priority date from Company A.

company “B” is not required to file under EB-3 first.

[gary8378]

Thanks Ashuneel.

[innovate1216]

I have one similar question related to this  .. My current  company wants to file my GC under EB3 (which i don't want ) 

I am thinking which is the best option for me ..

After getting I140 and current date locked ,  then move to different company by porting from EB3 to EB2 with the same priority date .I want to know how difficult it is  for porting from EB3 to EB2 with different employer  , is porting process too complicated or its the same process where the new employer has to redo whole thing .

Or change the company now  it self and then start applying  under EB2 . Which would be the best option to check .

 

I keep on listening that they will do EB2 as current , is that true .. ?

EB3 and EB2 - whats the difference in priority dates ..

[ashuneel]

I have one similar question related to this  .. My current  company wants to file my GC under EB3 (which i don't want ) 

I am thinking which is the best option for me ..

After getting I140 and current date locked ,  then move to different company by porting from EB3 to EB2 with the same priority date .I want to know how difficult it is  for porting from EB3 to EB2 with different employer  , is porting process too complicated or its the same process where the new employer has to redo whole thing .

Or change the company now  it self and then start applying  under EB2 . Which would be the best option to check .

 

I keep on listening that they will do EB2 as current , is that true .. ?

EB3 and EB2 - whats the difference in priority dates ..

option 1: After getting I140 and current date locked ,  then move to different company by porting from EB3 to EB2 with the same priority date. Make sure  future employer will file EB2 other wise it will not be of any use. New employer has to reapply PERM and I-140.The date gets ported only when the new I -140 is approved.

 

option 2:  Change company now and then start applying  under EB2 . Again make sure  new employer will file EB2 other wise it will not be of any use.

 

I dont believe in rumors.

 

Difference in EB2 and EB3 wait times depends on the country of birth. For some countries difference is big others it is small.

[work2live123]

I am in the same situation of the above. I have Bachelors(4yrs) and 4+ years of experience. 3 years in my country and 1.5 years with my current employer in US.

 

My Employer said since I will be gaining my total 5 + years of exp with my current employer, I can never be eligible to apply for EB2 with my current employer anytime in future. 

So he wants me to apply for GC through him in EB3  and capture priority date continuing with the same employer.

 

My question here is, can he revoke my I-140 approval (PD) after applying in EB3, incase if I want to shift to a different employer to apply in EB2 category.

 

Is there any time limit between I140 to applying for I485 stage? In case if I need to shift to different employer who can apply for me in EB2 porting my EB3 PD, i would need sometime.

Are there any chances that my current employer can cancel my approved I140 with Priority date that I got in EB3 before I move to a different company.

 

I also hear that I would need stay with same employer till my EAD gets approved who applied for my GC in EB3. is that true?

 

Please advise. 

 

Thanks in advance

[ashuneel]

your employer is correct.

 

He can revoke I-140 if at any time. It does not matter if you are employed there or not. I-140 if filed by employer so they can do what ever they want with the application at any time.

 

There is no Time limit. Your date needs to be current to file I-485 which could be many years for some countries.

you need to stay with with same employer for 180 days after filing I-485.

[work2live123]

Thanks Ashuneel.

In this case can you please suggest what would be the better solution for me to get my GC process started? 

 

1. Wait for 5 years to be completed with my current employer, then shift to a compamy who can file GC for me in EB2?

 

2. or Get started with EB3 with my current employer, get PD, I140 approved, then shift to another company to start my EB2 carrying over same Priority date that I acquired thru EB3? Also, My current employer is ready to start my GC (EB3) immediately. 

 

3. My current client is ready to take me as FTE , but not willing to do start GC anytime sooner, can I join them? 

 

4. any other better options?

 

Please advise.

 

Thanks in advance!