EB2 Porting

[srishail]

Hi,

 

Please help me to understand my eligibility for EB2 Category.

 

1. I have 3 year Bachelor’s Degree from Osmania University BCA (Bachelor of Computer Application). Completed in 2003.

2. I have Full time 2 year PGDIS Degree from Australian University (Post Graduate Diploma in Information Systems). Please note that this is a Fulltime PGDIS program (NOT A vocational/distance/part-time study). Completed in 2005.

3. I-140 Approved in EB3 Category in 2012.

4. As I am working in US since 2006 on H1B. I gained 7+ years of experience.

5. In 2014 – I have completed my balance courses from the same above Australian University and received my degree as “Master in Information Systems”.

6. A renowned USA based evaluator also reviewed my education documents along with experience letters and confirmed that I am eligible for EB2 category.

 

Now, I am planning to port my GC process from EB3 to EB2 with the same employer.

 

 

Questions:

1. Am I eligible to PORT to EB2 Category with Same Employer?
2. If my employer does not want to port, Can I change to different employer and Port it EB2?
3. If I want to go with step 2, what if my first employer cancels my I-140? Can I retain my Priority Date?

 

 

[rahul412]

 

 

Questions:

1. Am I eligible to PORT to EB2 Category with Same Employer?
2. If my employer does not want to port, Can I change to different employer and Port it EB2?
3. If I want to go with step 2, what if my first employer cancels my I-140? Can I retain my Priority Date?

 

1. If its the same job then that depends on job criteria.

2. Again that new job should be eligible for EB2 category

3. You can.

[t75]

The job with the same employer must be significantly different from the EB3 one. Only the attorney handling the case can make the determination if the specifics qualify.

[ateetshah]

The job with the same employer must be significantly different from the EB3 one. Only the attorney handling the case can make the determination if the specifics qualify.

50% or more different or different FEIN.

Attorney will advise you, but HR and/or your supervisor/manager will decide on role difference. When I used my experience with same employer, all that I had to do is full out my job responsibilities and just mention they were 50% off. Only you know the best of what you do and what you have done. Again for where I work, there is no standard role set and all roles are different. This is all done on good faith basis.