EB3 to EB2 porting. Job description

[jagan_trivedi]

Here is my case:

1. I am currently working in distributed computing software and have approved I140 from employer A in EB3 category. The employer filed EB3 inspite myself having MS.

2. I am planning to move to Employer B who is ready to file under EB2 but this job is in computer software for networking.

My questions:

1. Would it matter if job descriptions in EB2 are different from the one in EB3 when I port the dates? Both are software programing but for different industries.

2. Can I show experience gained at employer A when filing for EB2 category at employer B considering the fact that I will be later porting dates.

[rmirza77]

Hi Jagan,

I think job description really doesn't matter much. Your PD is yours to keep. Since both professions are same you can always port your PD with new I140. But as always its best to get legal advice !!

I need some advice from you as I am in a similar boat.

My employer made a mistake and got my 140 in EB3. Though I should be in EB2. My PERM labor is for masters degree but the attorney made a mistake in filing 140 I think.

What are the options I have now.

Do I have to apply for new labor ?

Apply for new I140 and port my date ?

Should the job professions be same ?

I thought you might have already gone through this so would be able to help me .

Thanks and good luck !!

[jagan_trivedi]

Hi Jagan,

I think job description really doesn't matter much. Your PD is yours to keep. Since both professions are same you can always port your PD with new I140. But as always its best to get legal advice !!

I need some advice from you as I am in a similar boat.

My employer made a mistake and got my 140 in EB3. Though I should be in EB2. My PERM labor is for masters degree but the attorney made a mistake in filing 140 I think.

What are the options I have now.

Do I have to apply for new labor ?

Apply for new I140 and port my date ?

Should the job professions be same ?

I thought you might have already gone through this so would be able to help me .

Thanks and good luck !!

Employers always make that mistake. Anyways that mistake was even made for me. To answer ur queries.

1. Yes

2. Yes

3. This is the same question that I asked and you answered :). Anyways, I researched more into it and it really depends upon the stage you are currently in. If I485 has been filled then job professions need to be same. It not filed then it doesnt matter. I got this advice from someone else who is really kind to give the advice.

All of this is what I believe and of course if you are seeking very accurate advice then you should talk to a lawyer. I am not a lawyer and thus my advice might be incorrect.