rio2015 Posted October 5, 2015 Report Share Posted October 5, 2015 Hi, My firm has filed my GC application under EB3 Category based on job requirement and my educational qualification/experience( Bachelor in Computer Science (B.SC.)) along with 12 years of IT Experience. I would like to know that if I enroll myself in distance learning MBA/MS program (2 years), then after completing that degree, will I be able to port my application from EB3 to EB2 with same PD date? Please let me know. Thanks, Rio Link to comment
JoeF Posted October 6, 2015 Report Share Posted October 6, 2015 The job requirements matter. You could have a PhD, if the job only requires a bachelor degree, the case would still be in EB3. Link to comment
rahul412 Posted October 6, 2015 Report Share Posted October 6, 2015 You can if you have a new job that comes under EB2. Link to comment
Attorney_15 Posted October 19, 2015 Report Share Posted October 19, 2015 In the situation described here, once the sponsored worker earns a Master's Degree, an employer will have to do a completely new Labor Certification for a new job that actually requires at least a Master's Degree. Once the LC is approved and the employer is filing the I-140 petition, the priority date can be ported to the new petition. Once the I-140 is approved, you should check the approval notice to make sure it's there. If it isn't, then you can contact USCIS to ask about them porting the priority date. It is important to check the approval notice right away because if you don't and months pass before you look and discover that they did not port the priority date, USCIS might force you to have your sponsor file an I-824 for a duplicate approval notice with the ported priority date. Link to comment
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