EB3 to EB2 porting

[chvenkey22]

Hi,

 

I have a question regarding porting GC from EB3 to EB2.

 

I have valid I-140 approved under EB3 category with Comp B (PD 2008 Apr).  Now, comp B is on paper only there is no financial transactions till 2008. They sold all resources to Comp A.

 

I joined comp A and they applied perm under EB3 because I don’t have 18 years of education.  It was rejected because attorney’s mistake.  Job posing specifically asked for bachelors in IT. My Indian masters (M.Com) equaling to US bachelors in administration so it was rejected. 

 

My comp sponsored MS and I did Masters in Information systems in US but my job duties are same since 2008.  I am still with Comp A  only. Am I eligible to apply perm under EB2?  If I am not eligible what other options I have and which category.

 

Thanks,

Rao

[chvenkey22]

Another question:  Currently I am holding approved I-140 with Comp B (2008 PD). What happen if Comp B cancels I-140? Will my PD is still valid if I start a new perm application with comp C.  Do I need to start before Comp B revokes or I can start anytime?

 

Thanks,

Rao

[Kal.911]

No. You are not eligible for EB2 for Company A.

Qualifications attained while being employed by the sponsoring employer cannot be utilized towards fulfilling minimum requirements.

 

You should join company C.

 

If Company B does not revoke your I-140 by the time Company C applied for I-140 then you can retain old PD.