Eb3 to EB2

[pkvenu]

Hi All,

 

I currely working for Company A . Company A has filed my GC in EB3 category and I-I40 approved. Now I am trying to port my Case to EB2. Would that require my company to go through the whole process of recruiting and advitising, New Labor and I-140 approval. Is there a possiblity of maintaing my old pd (sep 6 , 2012)

 

Thanks,

Pawan Venugopal

[catx]

Company A has filed my GC in EB3 category and I-I40 approved. Now I am trying to port my case to EB2. Would that require my company to go through the whole process of recruiting and advertising, New Labor and I-140 approval. Is there a possibility of maintaining my old pd (Sept. 6, 2012)

 

Yes to the whole new process (new PERM Labor Certification application and based on that approval a new I-140 petition), and yes to maintaining your priority date as you have an approved I-140 petition.

 

When considering the process, it is very important to remember that it is the job description and required qualifications that determines the employment based (EB) preference category -- not the employee's education and experience.  Second, there are some additional caveats when trying to port to EB2 with the same employer.  One, the process has to be for a new job with that employer (the old job is already EB3, and therefore cannot be EB2).  Two, the new job must be at least 50% different in duties from the previous job (and not just responsibilities, e.g. from a promotion to a supervisory position) to use the experience gained with the employer toward the job requirements.  The USCIS closely scrutinizes porting EB3 to EB2 with the same employer.

[t75]

Of course they have to go through the process as they are filling a new job.

 

The PD could be ported.

 

HOWEVER,  you may not use experience in the same company except in very specific circumstances.