EB3 to EB2 Porting

[svpatel]

Hello,

 

My company filed EB3 application in 2012 as I was not eligible as per my experience. My experience lagged 4 months short of required 5 years with Bachelor degree and hence couldn't been able to file EB2. Now I am with this company since 6 years so I have total experience of 10+ years. 

 

Here's options lawyer suggested to port to EB2 and capture EB3 priority date.

 

1) Consider current  6 years in this company and there's more than 50% changes in job profile, we can file in EB2. However there are risks of RFE in considering same company's experience.

 

2) Transfer H1 to another company [friend's one], stay there for 6 months and transfer H1 back to current company [as they both are friends]. Once it's transferred back, apply for EB2 porting on top of existing EB3.

 

Consensus is #2 is better option. I am wondering isn't there risk of transferring back to same company in short time and then file EB2?

 

Any other options you'd suggest?

 

Appreciate your suggestions/feedback.

[zoomzipper]

As far as I know.. experince with the same employer won't count even if you come back.

[Belle]

Are you truly in love with that job/company? How about you just change jobs, and the new employer can file in EB2.

 

Your ability to use experience with the same company depends on whether you changed your job responsibilities while with them.

[catx]

I think the USCIS +/- the Department of Labor (DoL) would, at the very least, question (e.g. RFE) the change of jobs from one company to another and then back.  Remember you and your friend (employer) have to go through the PERM labor certification application and I-140 petition processes for the EB2 preference category, and flipping jobs back and forth could well raise some 'red flags' for both of you.  It certainly sounds like you are trying to 'game' the immigration system to achieve a benefit (porting from EB3 to EB2), which is a form of fraud.  I would question the immigration lawyer that is counseling such a move.