Porting from EB3 Category to EB2


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Hello All,

I was trying to port my Green Card status from EB3 to EB2 and my company Lawyers says" I am not eligible" for porting and should continue to wait under EB3.

My EB3 priority date is JAN 2005 and it doesn't seem like it won't become current in next 3-4 years.

reason given by company lawyer was:

" your position does not support the requirement of supervisory/project management and oversight responsibilities (with master’s degree job requirement). You could file under the EB2 if the position was managerial in nature rising to the level of engineering manager and the job requirement is a master’s degree or equivalent".

I have Masters degree with about 5 years of experience in my field but not a Manager. Only drawback I see was its written in my job description that min Bachelors' required for the position I am in right now.

Q1: To port it to EB2 application your position have to be in Mangerial in nature. Is this true?

Q2: Doesn't Masters degree with appx. 2-3 years of job experience makes eligible for EB2 catergory?

Q3: Does anyone has link showing the elibigity requirement for EB3 to EB2 porting?

Q4: If above statement from my Lawyer is true, are there any other options to explore?

Please help me find some answers. This is lot frustating to hear that I just have to sit and wait more.

Thanks

Sunil

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Q1: To port it to EB2 application your position have to be in managerial in nature. Is this true?

Not necessarily, but it is employer depended, i.e. at their discretion. See the answer to Q4.

Q2: Doesn't Masters degree with appx. 2-3 years of job experience makes eligible for EB2 category?

The job requirements (i.e. education and experience) determine the employment based (EB) category, not the employee's qualifications. See the answer to Q4.

Q3: Does anyone has link showing the edibility requirement for EB3 to EB2 porting?

See the answers to Q2 and Q4.

Q4: If above statement from my Lawyer is true, are there any other options to explore?

Your lawyer is 100% correct. Per the answer to Q2, the employer determines job's requirements re. education and experience, which in turn determines the EB category. As for other options, if you want to pursue permanent residency under the EB2 category, then it appears that your only option is to find employment with another employer whose job requires a masters degree.

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