H1B Transfer and EB3 to EB2 with porting of priority date

[MDGuy]

Hi,

I have an EB3 I-140 approved with priority date as Aug 2009. I am planning to do EB2 and port the date.

Is it safe to do with the same employer? If so, will that affect my approved EB3 case in anyways? What all things the same employer needs to take care while porting?

Now, if I plan to do an H1B transfer and start GC in EB2 and port the EB3 date with a new employer, does the new employer needs to have documentation that he had the job opening from my old priority date (Aug 2009) onwards?
Does he needs to show the Ability to pay from Aug 2009 onwards?

I talked to a small consulting firm with around 30 employees, he says that he cannot guarantee porting of dates as he might not be able to show such profit/documentation from Aug 2009 onwards. He also told that the chances of getting RFE asking these details are more. It will be safer to do with bigger companies. Is that true?

Please let me know more information regarding porting of dates. Please give me your valid suggestions.

Thanks

 

[whitemimauz3]

You can do EB-2 with same employer as long as your fulfilling requirements of new EB-2 petition. While redoing new EB-2 petition you gets to retain earliest filed date which in this case is Aug 2009, so your EB-2 would have priority date of August 2009. Since EB-2 is new petition USCIS would like to see whether employer has ability to pay for this petition. It does not matters if a company is small or big as long as employee beneficiary fulfills EB-2 requirements.

 

[monica1]