AC21 Portability

[cooldude2k4]

Hi all,
I changed employers after 400 days of pending 485 with an approved 140. It was filed under EB3 and the PD is in 2004. Since I'm with the new employer, can I upgrade this 140 from EB3 to EB2. I badly wanted to change it to EB2, atleast that could buy me sometime looking at EB3 priority dates. What is the possibility to avoid any delay to my EB3 app.

Thank you,
cooldude2k4

 

[ginnu]

Hi all,
I changed employers after 400 days of pending 485 with an approved 140. It was filed under EB3 and the PD is in 2004. Since I'm with the new employer, can I upgrade this 140 from EB3 to EB2. I badly wanted to change it to EB2, atleast that could buy me sometime looking at EB3 priority dates. What is the possibility to avoid any delay to my EB3 app.

Thank you,
cooldude2k4

your new employer can file LC for you once LC gets approved file I-140 with premium Processing and once second I-140 gets approved then Interfile the second I-140 with pending I-485 and can request USCIS to approve the I-485 based on second I-140
** you have A# and dont forget to write your A# on second I-140

 

[cooldude2k4]

your new employer can file LC for you once LC gets approved file I-140 with premium Processing and once second I-140 gets approved then Interfile the second I-140 with pending I-485 and can request USCIS to approve the I-485 based on second I-140
** you have A# and dont forget to write your A# on second I-140

ginnu,

Thank you. I'll try to get this resolved asap.

 

[banta4gc]

cooldude2k4,

But, what's the hurry? Your PD is 2004 ....so even if you apply now...and in let's say, an year EB2 dates go forward and EB3 dates go back...your EB2 petition would be a waste...

I think new LC/I-140 may take 6months...unless EB2 cut-off data comes down from Jan 03 to 2004...

jumping to EB2 badwagon...may be a hasty decision!

 

[cooldude2k4]

cooldude2k4,

But, what's the hurry? Your PD is 2004 ....so even if you apply now...and in let's say, an year EB2 dates go forward and EB3 dates go back...your EB2 petition would be a waste...

I think new LC/I-140 may take 6months...unless EB2 cut-off data comes down from Jan 03 to 2004...

jumping to EB2 badwagon...may be a hasty decision!

banta4gc,
I know it might take sometime, but is it not worth trying to go for EB2. Definitely looking at EB3, I know EB2 is more promising.

ginnu,
I want to know the following:

1) If I can file for new labor / I-140 from a company C, that I'm not on payroll and continue with current employer B. ( I know I can do this )
2) Once company C's labor and I-140 are approved, can I use AC21 portability with Company B again and also using the EB3 PD to EB2 PD.
3) This way, I'm still an employee of company B, but get the labor / I-140 from another company that helps in speeding up my PD atleast. Don't you think its worth trying at this time????

Thank you,
cooldude2k4

 

[ginnu]

banta4gc,
I know it might take sometime, but is it not worth trying to go for EB2. Definitely looking at EB3, I know EB2 is more promising.

ginnu,
I want to know the following:

1) If I can file for new labor / I-140 from a company C, that I'm not on payroll and continue with current employer B. ( I know I can do this )
----------------C can file LC and can file I-140. GC is for future job
2) Once company C's labor and I-140 are approved, can I use AC21 portability with Company B again and also using the EB3 PD to EB2 PD.
---------YEs OR Interfile the copyof new I-140 of C approval with pending I-485 and request USCIS to approve the pending I-485 based on C I-140(If you have A# dont forget to write it on I-140 form of C)

3) This way, I'm still an employee of company B, but get the labor / I-140 from another company that helps in speeding up my PD atleast. Don't you think its worth trying at this time????
-----------you can do that and at the time of filing second I-140 ask the lawyer to recaputre early PD, write your A# you can give him copy of past I-140 approval or filing reciept copy (USCIS online print out of I-140 also works sometime) Lawyer need to write a cover letter and can attach the copy of MEMO
MEMO:
http://www.cyrusmehta.com/related/Pearson-May-9-2000-Memo2.pdf

Thank you,
cooldude2k4