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EB3 PD -> EB2 Portability & attachment to pending 485
- Thread starter josamdee
- Start date
lxs said:Hello Bronxboy,
My Attorney has sent another email yesterday citing the section under which PD should be ported. It seems there are many Immig officers in TSC who are not aware of PD portability rule.
Still waiting to hear anything positive
LXS
Hi Lxs,
Any Update???
Nothing from my attorney
lxs said:Hello Bronxboy,
Immig Officer called up my Attorney and said he will review the old 140 file from NSC and amend PD.
Again catch is how many Days!!
Yet to hear anything after that
Any update in your case
Thanks
Lxs
Hi Lxs,
Nothing from my side, my arttorney has not received any call from the Immig officer
Hello Bronxboy,
Immig Officer called up my Attorney and said he will review the old 140 file from NSC and amend PD.
Again catch is how many Days!!
Yet to hear anything after that
Any update in your case
Thanks
Lxs
Hi Lxs, Josamdee
Any update from you, did you see any LVD on your 485.
Hi Lxs, Josamdee
Any update from you, did you see any LVD on your 485.
I received an LUD with following message today on my 485 application.
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS that was transferred to our NEBRASKA SERVICE CENTER location is now pending there. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
confusedlife
Registered Users (C)
I am also with you guys. Sent letter to USCIS 3 months back still no response.
Old PD is not printed on the new I140.
Old PD is not printed on the new I140.
My attorney is telling that still we can request them to adjunicate the case by attaching the OLD I-140 in EB3 and new I-140 in EB2( even though it has no Old PD). It all depends on how you write them the cover letter.
We are palnning to do that, I will update you guys on this. Please ask your attorneys too, if this is possible or not.
We are palnning to do that, I will update you guys on this. Please ask your attorneys too, if this is possible or not.
cheescake21
Registered Users (C)
bronxboy,
No update on my 140 PD still! and no LUD change in 485.
Any update on your 140 PD? or 485LUD?
Thanks
LXS
hi i just want to know what is the effect of LUD's on our pending AOS? i received FE , replied to them, i got a notice that they have the response for RFE. i got 3 LUD's already, is it good or bad?my PD is current under EB3-Phils. thanks][/COLOR][/COLOR]
LUDs
----Looks like your getting close. Can you please post your details. Am EB2 Phil
hi i just want to know what is the effect of LUD's on our pending AOS? i received FE , replied to them, i got a notice that they have the response for RFE. i got 3 LUD's already, is it good or bad?my PD is current under EB3-Phils. thanks][/COLOR][/COLOR]
----Looks like your getting close. Can you please post your details. Am EB2 Phil
Portability vs. labor
Hello everyone,
Very informative topic for long time sufferers like myself. I am in EB3 - PD April 2003 (India). 140 approved in November 2005 and currently on the 3rd EAD (going on 4th very soon). Pardon my ignorance, but for EB2 portability, do I need to file a fresh labor or can I use a substitute approved for my employer? In case I can use a sub, can I just re-apply 140 in EB2 category and re-capture my April 2003 PD?
Hello everyone,
Very informative topic for long time sufferers like myself. I am in EB3 - PD April 2003 (India). 140 approved in November 2005 and currently on the 3rd EAD (going on 4th very soon). Pardon my ignorance, but for EB2 portability, do I need to file a fresh labor or can I use a substitute approved for my employer? In case I can use a sub, can I just re-apply 140 in EB2 category and re-capture my April 2003 PD?
Greencarddream
Registered Users (C)
EB3 to EB2 conversion
In this thread I see many of you who have converted from EB3 to EB2. Pls help.
PD: Feb 2003- EB3
LC Approved: June 2006
I-140 Approved: Jan 2007
I am a 4 yr Engg graduate from India. I had 9 yrs of exp in 2003, when filing for my GC. But my labor ad requirement was BS Engg with 3 yrs exp. So it was filed under EB3.
I have been in the company for more than 4yr, got promoted and doing more resposible job now. Also the company is willing to do the conversion, ie starting a fresh labor through perm and redo I 140.
My concerns are:
1) How do I justify myself for a new Labor ad?
2) What are the risks involved here?
3) Is it better to change the employer to prove my point?
4) How can we make sure that the old PD is imported to the new I140?
Please guide. My company lawyer does not encourage too many questions.
Thanks in advance
GC Dreamer
In this thread I see many of you who have converted from EB3 to EB2. Pls help.
PD: Feb 2003- EB3
LC Approved: June 2006
I-140 Approved: Jan 2007
I am a 4 yr Engg graduate from India. I had 9 yrs of exp in 2003, when filing for my GC. But my labor ad requirement was BS Engg with 3 yrs exp. So it was filed under EB3.
I have been in the company for more than 4yr, got promoted and doing more resposible job now. Also the company is willing to do the conversion, ie starting a fresh labor through perm and redo I 140.
My concerns are:
1) How do I justify myself for a new Labor ad?
2) What are the risks involved here?
3) Is it better to change the employer to prove my point?
4) How can we make sure that the old PD is imported to the new I140?
Please guide. My company lawyer does not encourage too many questions.
Thanks in advance
GC Dreamer
Last edited by a moderator:
WellWisher007
Registered Users (C)
You are taking the right step, if your company is a big company and has decent financials. Make sure that it is profitable over the last 2-3 years.
Responses to your concerns:
1) You said that you have been promoted and doing more responsible job which itself could be considered as a new job position - for eg: you were an analyst, now you are a technical lead or a project manager
2) The only risk involved is - if you send a level IV requirement for the PWD with the new job description to regional SWA in order to fall in the EB2 category, it is possible that you may get a salary requirement back from SWA which is higher than what you get now. In this case, if your company is ready to offer you the prescribed salary once you get your GC, you are safe.
3) I am not sure about this concern since I do not have the experience; I am not sure if the USCIS gives more weight to cases where you have a good history with the sponsoring company; you already have 3-4 years with the current company that you are working, so applying through the same company may be an advantage! Not sure though, please check with others!
4) This is simple. This has to be done during your filing of I140/I485; Don't worry about it for the time-being. Focus on getting your labor filed for Eb2 position.
Good luck!
Responses to your concerns:
1) You said that you have been promoted and doing more responsible job which itself could be considered as a new job position - for eg: you were an analyst, now you are a technical lead or a project manager
2) The only risk involved is - if you send a level IV requirement for the PWD with the new job description to regional SWA in order to fall in the EB2 category, it is possible that you may get a salary requirement back from SWA which is higher than what you get now. In this case, if your company is ready to offer you the prescribed salary once you get your GC, you are safe.
3) I am not sure about this concern since I do not have the experience; I am not sure if the USCIS gives more weight to cases where you have a good history with the sponsoring company; you already have 3-4 years with the current company that you are working, so applying through the same company may be an advantage! Not sure though, please check with others!
4) This is simple. This has to be done during your filing of I140/I485; Don't worry about it for the time-being. Focus on getting your labor filed for Eb2 position.
Good luck!
In this thread I see many of you who have converted from EB3 to EB2. Pls help.
PD: Feb 2003- EB3
LC Approved: June 2006
I-140 Approved: Jan 2007
Since I see no hope of file my I 485 in the near future, I started seeking possibilites of converting from EB3 to EB2. I am a 4 yr Engg graduate from India. I had 9 yrs of exp in 2003, when filing for my GC. But my labor ad requirement was BS Engg with 3 yrs exp. So it was filed under EB3.
It has been more than 4yr in the same company got promoted and doing more resposible job now. Also the company is willing to do the conversion, ie starting a fresh labor through perm and redo I 140.
My concerns are:
1) How do I justify myself for a new Labor ad?
2) What are the risks involved here?
3) Is it better to change the employer to prove my point?
4) How can we make sure that the old PD is imported to the new I140?
Please guide. My company lawyer does not encourage too many questions.
Thanks in advance
GC Dreamer
WellWisher007
Registered Users (C)
One last thing - I am not sure what you mean by conversion; Note that your EB2 case will be a fresh case with the possibility of porting your old I140 priority date of Feb 2003 to your new EB2 I140/I485. At labor stage, you should consider the EB2 as a totally new case!
You are taking the right step, if your company is a big company and has decent financials. Make sure that it is profitable over the last 2-3 years.
Responses to your concerns:
1) You said that you have been promoted and doing more responsible job which itself could be considered as a new job position - for eg: you were an analyst, now you are a technical lead or a project manager
2) The only risk involved is - if you send a level IV requirement for the PWD with the new job description to regional SWA in order to fall in the EB2 category, it is possible that you may get a salary requirement back from SWA which is higher than what you get now. In this case, if your company is ready to offer you the prescribed salary once you get your GC, you are safe.
3) I am not sure about this concern since I do not have the experience; I am not sure if the USCIS gives more weight to cases where you have a good history with the sponsoring company; you already have 3-4 years with the current company that you are working, so applying through the same company may be an advantage! Not sure though, please check with others!
4) This is simple. This has to be done during your filing of I140/I485; Don't worry about it for the time-being. Focus on getting your labor filed for Eb2 position.
Good luck!
Greencarddream
Registered Users (C)
Salary Requirment - EB2
Hi Wellwisher007,
Thanks for your input.
My company is big and is in good standing. So I think its better to go with them.
I am aware that EB2 is a fresh process. Will definetly discuss about the salary requirments with Attorney. I think it should be 50% more than what you were earning at the time of your first GC (EB3) filing. Not sure. Hope the company would agree to it.
Thanks
GC Dreamer
Hi Wellwisher007,
Thanks for your input.
My company is big and is in good standing. So I think its better to go with them.
I am aware that EB2 is a fresh process. Will definetly discuss about the salary requirments with Attorney. I think it should be 50% more than what you were earning at the time of your first GC (EB3) filing. Not sure. Hope the company would agree to it.
Thanks
GC Dreamer
Help Please - Portability of EB3 to EB2
Keeping in view of retrogression ordeal, I am seriously thinking of filing another labor under PERM in EB2 category. Currently I have following few questions for which I request your opinion.
Current situation - My labor and I-140 was approved under EB3. Priority date February 2002.
I have over seven years of IT experience before joining the current company. With a 3 year bachellors degree with Math and two year masters degree in non-math. I am working with the current employer for the past five and half years.
1. Is it possible to file my case under EB2 with current employer? Is it possible to port the priority date?
2. How long it will take to file labor under PERM and approve labor through PERM?
3. How much money we need to incur? This includes but not limited to advertisement cost, attorney fee, etc.,
4. What happens if the application is denied either in Labor or I-140 stage? Is it possible to use existing EB3 application?
5. What is the minimum salary requirement for EB2?
6. If current salary is an issue, can we still file under EB2?
7. If we change the current employer and file the labor under PERM from a new company, do we need to get any documentation from the current employer from which we filed/approved the labor/I-140.
Please provide me your inputs at an earliest.
Thanks
SRK
Keeping in view of retrogression ordeal, I am seriously thinking of filing another labor under PERM in EB2 category. Currently I have following few questions for which I request your opinion.
Current situation - My labor and I-140 was approved under EB3. Priority date February 2002.
I have over seven years of IT experience before joining the current company. With a 3 year bachellors degree with Math and two year masters degree in non-math. I am working with the current employer for the past five and half years.
1. Is it possible to file my case under EB2 with current employer? Is it possible to port the priority date?
2. How long it will take to file labor under PERM and approve labor through PERM?
3. How much money we need to incur? This includes but not limited to advertisement cost, attorney fee, etc.,
4. What happens if the application is denied either in Labor or I-140 stage? Is it possible to use existing EB3 application?
5. What is the minimum salary requirement for EB2?
6. If current salary is an issue, can we still file under EB2?
7. If we change the current employer and file the labor under PERM from a new company, do we need to get any documentation from the current employer from which we filed/approved the labor/I-140.
Please provide me your inputs at an earliest.
Thanks
SRK