EB3 to EB2 Porting..

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My EB3 labor was filed in August,2003 and it was approved in Sept,2006.My I-140 was approved in July,2008.

With the things going the way they are going,

I am considering filing a new labor under EB2 category with a new employer, then port my EB3 priority date to EB2 while filing my new I-140 under EB2.

My background is B.E(4year degree) + over 13 years of IT experience.

I have read on couple of forums, that they have made things tough for "porting" recently.

My question is can I port my EB3 priority date to EB2 or did things change or become tough with regards to portability ?

Also is there any risk in this ?

Thanks a lot for answering.I deeply appreciate it.

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  • 2 weeks later...

I-140 PP Filing approved in 1 day at NSC.

Awaiting approval notice to confirm successful EB3 to EB2 PD porting (same employer situation)...And I already filed I-485 concurrently due to cross-chargeability. Hoping that my I-485 will be approved on time (in 4 to 5 months).

Good luck to all!

Thanks, SuperStar4GC

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  • 2 months later...

@Morgan: You can try EB3 to EB2 portability as long as you are eligible for EB2 category like education background, title and salary package for the position. Keep your old I-140 approval notice until you complete all process in EB2 category. You will need to start from the scratch in a separate track and port your PD during your labor filing. DOL will automatically port your PD to new labor certificate. You can use that to file new I-140 in EB2 category. Until USCIS makes final decision in I-485, you have no risks. I-485 decision is very crucial for you. If you get I-485 denial based on immigration violations, fraud, domestic issues or some other major issues, then you will be deported immediately. If they deny I-485 based simple attorney mistakes or any missing documents, then you can always re-apply again using your old priority date. There won't be any removal proceeding for this. You will need to follow step by step procedure. Good luck.



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  • 4 months later...


@SuperStar4GC, I am also porting from Eb3 to Eb2 -awaiting labor approval. once labor is approved, do you know if it is possible to file 485 using my EB3 PD (2008) and 1140 filing together? or should wait till 140 is approved and EB3 PD is ported to Eb2 ?

Thank you


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