How to port EB3 to EB2

K

kminkeller

New Member
Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.

I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.

Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?

Please give me some advice. Thanks in advance.

KM
 
Last edited by a moderator:
kminkeller said:
Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.

I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.

Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?

When you file second I-140 write your A# on form I-140. your A# is on I-485 filing receipt. Your Lawyer should write cover letter with copy of EB3 I-140 approval to recapture PD of EB3 I-140.

OR
Once Second EB2 I-140 gets approved then request USCIS to INTERFILE the EB2 I-140 approval with Pending I-485 and send the copy of EB2 I-140 approval notice +copy of I-485 filing receipt +cover letter to approve the pending I-485 on the base of EB2 I-140+new employer job offer letter
Please give me some advice. Thanks in advance.

KM
Click to expand...
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Between A and B below is there a preference? or a specific scenario where one is preferred over other?
My guess is that option B will be more safer but one is more dependant on lawyers.?
Please advice....

When you file second I-140 write your A# on form I-140. your A# is on I-485 filing receipt. Your Lawyer should write cover letter with copy of EB3 I-140 approval to recapture PD of EB3 I-140.

OR
Once Second EB2 I-140 gets approved then request USCIS to INTERFILE the EB2 I-140 approval with Pending I-485 and send the copy of EB2 I-140 approval notice +copy of I-485 filing receipt +cover letter to approve the pending I-485 on the base of EB2 I-140+new employer job offer letter
 
Video on EB3 to EB2 by US Immigration Attorney, Rajiv S. Khanna


For video transcript, visit, http://www.immigration.com/media/converting-eb3-to-eb2


kminkeller said:
Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.

I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.

Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?

Please give me some advice. Thanks in advance.

KM
Click to expand...
 
Last edited:
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