Does EB3 to EB2 portability work with different employers?

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kiranmm13

Registered Users (C)
Hello all,

I had a question about EB3 to EB2 priority date portability, I am waiting on my priority date to get current for my EB3 application but as per the dates I think so it will another 4 years before I get there (my PD may 2006).
I am in plans to file for a new EB2 application and at the last stage do the portability, while doing the change from EB3 to EB2 does the employer who filed the two applications matter, what if they both are two different employers.

Please let me know. Thanks a lot in advance for your advice.
 
I have similar question..

Company A - EB3 Pending; PD Aug 2002 [position - s/w engg.]. Not sure how many more years I need to wait - maybe 2 more years.
Company A is being acquired by Company B

(1)
Can I file EB2 with Company B [position - Sr. s/w engg. or Project Manager or Business Analyst] and show experience gained at Company A
as I only have 4 years experience prior to Company A? And then interfile at 140 or 485?

(2)
Can I file EB2 with Company C [position - Sr. s/w engg. or Project Manager or Business Analyst]? And then interfile at 140 or 485?

If both options are viable - is (1) or (2) more easier to achieve?
 
kiranmm13 said:
Hello all,

I had a question about EB3 to EB2 priority date portability, I am waiting on my priority date to get current for my EB3 application but as per the dates I think so it will another 4 years before I get there (my PD may 2006).
I am in plans to file for a new EB2 application and at the last stage do the portability, while doing the change from EB3 to EB2 does the employer who filed the two applications matter, what if they both are two different employers.
Click to expand...

Yes it can work with two different employers. However, employer 1 can mess things up by revoking the I-140 before you port the old priority date.
 
justdoit said:
Company A - EB3 Pending; PD Aug 2002 [position - s/w engg.]. Not sure how many more years I need to wait - maybe 2 more years.
Company A is being acquired by Company B

(1)
Can I file EB2 with Company B [position - Sr. s/w engg. or Project Manager or Business Analyst] and show experience gained at Company A
as I only have 4 years experience prior to Company A? And then interfile at 140 or 485?
Click to expand...
If you're staying in the same position when company B makes the acquisition, you probably won't be able to count experience with company A towards the EB2 requirement. Also, if you don't have a Masters degree the requirement is for 5 years experience + Bachelors; 4 years isn't enough.


(2)
Can I file EB2 with Company C [position - Sr. s/w engg. or Project Manager or Business Analyst]? And then interfile at 140 or 485?
Click to expand...

Yes if you join company C you can have your experience at company A counted towards EB2 (however you need 5 years, not 4). But interfiling might be a problem if company A withdraws the I-140.

You wouldn't need interfiling, and company A can't revoke the I-140, if the job at company C is similar enough to allow you to use AC21. But if you plan to move to EB2, that likely means the job will not be "same or similar" to your EB3 job, which makes AC21 problematic.
 
thanks Jackolantern. I have some followup

The 4 year experience is prior to Company A.
Total experience including Company A is 4 + 9 yrs at Company A = 13 years

(1)
If I move to a new EB2 position at Company AB (Company A and Company B have now combined into Company AB);
Can I count the entire 13 yrs of experience or not (since experience gained at current employer is not counted)?
If I can count all 13 yrs experience and file a new EB2 petition; can I at the end of process interfile and
get a EB2 application with 2002 PD?
If the process fails in 140 or 485 stage; can I fall back to my original EB3 application?

(2)
If I join a completely different Company C and file a new EB2 petition (have 13 yrs total experience);
Can I interfile my existing 485 (which was filed in my tenure at Company A in June 2007) and essentially convert to
new EB2 based 485 with older 2002 PD?
In the meantime however, if Company A revokes the 140 while I am working on this EB2 application at Company C;
then interfiling will have issues?
If I join Company C on a "same/similar" position; then I cannot file EB2 application.
So, does that mean to speed up the GC process under this option, it will be fruitful only if 140 is not revoked by Company A?
 
justdoit said:
thanks Jackolantern. I have some followup

The 4 year experience is prior to Company A.
Total experience including Company A is 4 + 9 yrs at Company A = 13 years

(1)
If I move to a new EB2 position at Company AB (Company A and Company B have now combined into Company AB);
Can I count the entire 13 yrs of experience or not (since experience gained at current employer is not counted)?
Click to expand...
They'll probably think of company A and AB as the same thing as far as you are concerned. So your eligibility to use all the experience will depend on how much they see the new position as being really a new position and not just the same job with extra trimmings.

If I can count all 13 yrs experience and file a new EB2 petition; can I at the end of process interfile and
get a EB2 application with 2002 PD?
Click to expand...
Yes, if they accept your 13 years of experience and approve your labor cert and I-140 in EB2, you'll be able to interfile to apply the I-485 to the EB2 I-140.

If the process fails in 140 or 485 stage; can I fall back to my original EB3 application?
Click to expand...
Yes, if the company keeps the original I-140 alive.

In the meantime however, if Company A revokes the 140 while I am working on this EB2 application at Company C;
then interfiling will have issues?
Click to expand...
Yes.

If I join Company C on a "same/similar" position; then I cannot file EB2 application.
So, does that mean to speed up the GC process under this option, it will be fruitful only if 140 is not revoked by Company A?
Click to expand...
Yes.

Given that your PD is in 2002, things might take even longer if you try to change to EB2 at this point.
 
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