EB3 to EB2 porting(B.Com,M.Com and NIIT)

[sbjv]

Hi Murthy Law Firm,

First I appreciate you clarify lot of people doubts

B.Com :1996(3 years)

M.Com:1999(2 years)

NIIT :1999 (1.5) Advacned Diploma in Network centered computing

MornningStar,USA evaluated my credentails and given "Bachelor of Science in Computer Information Systems"

6.7 years of experience by the time i apply for PERM. PERM applied on Oct 2007 on EB3 and

I-140 also approved on that (labor is suitable both for EB2 and EB3)

My questions are :

1) Am I eligible for EB2 porting?

2) What if EB2 I-140 rejected ? Can i still eligible for EB3 old priority date (Oct 2007 ) ? Or my EB3 also rejected ?

Note: My company attorney suggested to do MS in USA to qualify for EB2. But i can't do that right now

I really appreciate for your inputs on this

Regards

SBJV

Thanks

[Attorney_20]

Generally, to qualify for EB2 as a foreign national with an advanced degree, the proffered position must require at least a U.S. Master's degree or foreign equivalent or a U.S. Bachelor's degree or foreign equivalent followed by 5 years of progressive, post-baccalaureate experience in the required field of study and the beneficiary must meet the minimum requirements prior to joining the company.

The education you described will most likely be determined to be equivalent to a U.S. Bachelor's degree. Therefore, if the employer's minimum requirements are a Bachelor's or foreign equivalent plus 5 years of experience, you may qualify for the position and could possibly have an EB2 I-140 petition filed on your behalf.

There are many issues that can potentially arise with this type of upgrade and you and your employer should discuss your specific case with an experienced immigration attorney to make sure the new case is handled properly.

[sbjv]

Thanks for the information

I heard that USCIS not considering Diplomas as degrees. In that case do they consider my case since USA evaluated my all degrees as "Bachelor of Science in Computer Information Systems" ?

Also, if EB2 Denied still my EB3 state is valid ?

Appreciate for your inputs on this

[Attorney_20]

Since the 3 year Bachelor's plus the 2 year Master's would be equivalent to a U.S. BS plus 1 year of experience, an analysis of the Diploma is irrelevant.

Also, the two green card cases are independent. So if the "upgrade" case is denied, the original case is not affected as long as the original petitioner does not withdraw that case.

[sbjv]

Thank you very much

[sbjv]

Hi,

After reviewed more i got one more question. After B.Com,M.Com and NIIT i gained 6 years of experience like this...2 years in firist company and 4 years in second company. But as per your message it should be 5 years progressive. Do you think USCIS give more weitage for people having 5 years progressive in a single company instead of two different companies with above my combination ?

Regards

SBJV

[sbjv]

Dear Murthy team,

My EB2 labor got approved. You think I140 will be easy process for me (or) is it harder process to cross ? I heard I140 is mostly on company financials. Do they still evaluate my education during this process? any inputs would be greatly appreciated

Regards

sbjv

[Illinois_Dude]

Yes..in fact labor is mostly about the job requirements and inability of the company to find an american/permanent resident for the job. I-140 is related to the foreign national's credentials and company's ability to pay.

[sbjv]

Hi Murthy team,

My I-140 has been approved 2 days back. But my employer mentioned EB3 to EB2 priority date porting was not done though they requested to USCIS. My EB3 porting date is 8/24/2007 and my EB2 date is 3/30/2012. Both EB3 and EB2 from same employer.

Now they put me in dilemma. is it possible to port from EB3 to EB2 so that my priority date will move ? (or) USCIS decision was final ?

Regards

Sridhar.B

[sbjv]

Hi Murthy team,

My I-140 has been approved 2 days back. But my employer mentioned EB3 to EB2 priority date porting was not done though they requested to USCIS. My EB3 porting date is 8/24/2007 and my EB2 date is 3/30/2012. Both EB3 and EB2 from same employer.

Now they put me in dilemma. is it possible to port from EB3 to EB2 so that my priority date will move ? (or) USCIS decision was final ?

Regards

Sridhar.B