EB3 to EB2 Porting - Question on Education

[GCwhataPain]

Dear Friends,

I am new to this Forum and have a quick question on porting the GC from EB3 to EB2 category.

Hope you guys can shed some light on it with your expertise.

Our Situation:

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My Husband is working for a Product Development company (Company A) as a Sr.Programmer Analyst from last 6 years in US. This company have started his Green Card processing in Mar 2005 under EB-3 category as the postion in that company required only Bachelors + 3 years of experience. My Husband actually had Masters + 4 years of experience at that time. My husband completed his Master's in 2002. But when filling the Labor his company lawyer did a mistake and given my Husband's qualifications as Bachelors + 4 years. Very unfortuantely we haven't noticed it until July 2007 (that's when we filed our I-485). By that time it is too late to correct.

Having said the above situation now I have the following 2 Questions.

QSN:1 - My Husband Now got an offer from Company B (he still did not accepted it) as a Manager and this new company is ready to file the GC in EB2. My Husband now has Masters + ~10 years of experience. If my Husband accepts this offer can he able to port the old EB3 priority date to new EB2? Also will he be able to show the Masters in Labor now or will it gives a problem in new GC processing?

QSN:2 - I am currently a derivative for my husband and have EAD to be eligible to work. I am also getting a new offer and willing to accept it. I have masters and 8 years experience too. If my prospect employer willing to file for my GC in EB2 then can I avail my husband's priority date for my new GC? I will be the main applicant and my Husband will be derivative.

Your advice is truly appreciated.

Thanks in Advance,

[Belle]

1. Yes. The LC will be filed based on job requirements, not his education. He may, however, make sure it qualifies for EB2.

2. No, you can't use somebody else's priority date for your application.

[GCwhataPain]

Thanks for the quick response Belle.

Yes. His new employer's immigration lawyer said that this position qualifies for EB2 as the requirements are "Bachelors + 10 Years" or "Masters + 5 Years".

[Belle]

OK, then he should be set.