EB3 to EB2 upgrade question

[gc_hope99]

Hi gurus

My apologies if this question has been asked earlier.

I am planning to start a fresh EB2 case with my employer.

To capture the my earlier EB3 priority date for the new EB2 perm, do I have to have the same or similar job like what is needed for AC21.

Is there anything that I need to be take care of.

thanks in advance.

[Shurap1]

Hi gurus

My apologies if this question has been asked earlier.

I am planning to start a fresh EB2 case with my employer.

To capture the my earlier EB3 priority date for the new EB2 perm, do I have to have the same or similar job like what is needed for AC21.

Is there anything that I need to be take care of.

thanks in advance.

No. These are two different categories and primarily because of the different job description other than experience and education.

To go to EB2, there should be a position in your company that requires education and experience pertaining to EB2 category. If there is then your employer needs to start with PERM.

[gc_hope99]

No. These are two different categories and primarily because of the different job description other than experience and education.

To go to EB2, there should be a position in your company that requires education and experience pertaining to EB2 category. If there is then your employer needs to start with PERM.

Got it. Thanks Shurap1.

So its basically a different position that meets the EB2 criteria (masters or bachelors + 5).

Once the PERM is approved for this new position, When I file the I-140 using my earlier EB3 priority date on the application is there anything that can make it ineligible to use the earlier approved I-140 ( my EB3 labor job title is Programmer Analyst, have I-140 approved and I have filed for I-485 in 2007). Thanks in advance

[Shurap1]

Got it. Thanks Shurap1.

So its basically a different position that meets the EB2 criteria (masters or bachelors + 5).

Once the PERM is approved for this new position, When I file the I-140 using my earlier EB3 priority date on the application is there anything that can make it ineligible to use the earlier approved I-140 ( my EB3 labor job title is Programmer Analyst, have I-140 approved and I have filed for I-485 in 2007). Thanks in advance

While filing for EB2 I140 application use the same A number which is there on your EB3 I140 approval notice. This way your pending 485 get automatically linked with the EB2 I140 application. Some lawyers do not perform this and then later you have headache to send the interfiling letter. So make sure you do this and then you should be all set.

[Nicecar]

Hello Team,

If you want to keep I 485 with old company (EB3 petitioner), if old employer doesn't mind and work on H1

with new company (EB2)? - Is it possible?

If we don't extend H1 with old company (EB3 petitioner) but we have current EAD and work for new company (EB2 petitioner) we would be on TWO H1's or EAD and new H1? What are success rate of porting from EB3 to EB2 - My PD date is 05/20/2004 and have 10 years of experience with current company?

[Nicecar]

Gurus,

Have some questions, any help in those would be great help:

If your PD in EB3 is 05/2004, have EAD and H1 valid till 01/2013 with OLD company;

1. Does it required to extend H1 or work on EAD?

2. If you want to file AC21 with NEW company without getting new H1 would it be consider

working on EAD?

3. Can you port or upgrade from EB3 to EB2 using EB3 PD; with NEW company after filing AC21?

4. If we can use EB3 PD for EB2, still this PD apply to EB3 and EB2 (both) or as soon as we moved to EB2

EB3 will no longer in picture?

[Nicecar]

Can some one kindly answer my questions?

[pontevecchio]

1. Your choice based on what the company wants..

2. Filing a notification is not mandatory. You can work on H1 status if you want.

3. Yes. Obviously a new PERM etc.

4. Both. They are mutually exclusive.

In future a new post may get you more answers. Also get hold of a Good Lawyer and hang on till you get the pink Card.

[Nicecar]

Thank you pontevecchio.

[oops1975]

EB3 to EB2 Porting case.

EB2 I-140 was approved last week. Approval notice has EB3 priority date. Based on that I am current.

Lawyer is getting ready to file Interfile letter but that will not happen till sometime next week.

Is there anything I can do on my own before that without messing up anything?

[Nicecar]

oops1975,

Congratulation on success porting. When did you start porting process-how long it took to get 140 appoved and your lawyer did file AC21 or new H1?

[Shurap1]

EB3 to EB2 Porting case.

EB2 I-140 was approved last week. Approval notice has EB3 priority date. Based on that I am current.

Lawyer is getting ready to file Interfile letter but that will not happen till sometime next week.

Is there anything I can do on my own before that without messing up anything?

Your case is already interfiled, there is no separate letter required. EB2 I140 has PD of EB3 PD means your 485 is also linked to your EB2 I140 based on the A number. You can call customer service to verify this, go to level 2 support and they should be able to tell you about this.

[oops1975]

oops1975,

Congratulation on success porting. When did you start porting process-how long it took to get 140 appoved and your lawyer did file AC21 or new H1?

Thanks. Started my processing last year. Labor cert. preparation took quite a bit time because of lawyer delays. Did 140 in premium. Got it approved in one week. No AC-21. H1 has new job description.

[oops1975]

Your case is already interfiled, there is no separate letter required. EB2 I140 has PD of EB3 PD means your 485 is also linked to your EB2 I140 based on the A number. You can call customer service to verify this, go to level 2 support and they should be able to tell you about this.

Cool. I will call USCIS tomorrow and check it out.