Porting Eb3 PD to Eb2

H

hopeful4GC

Registered Users (C)
Hi,

I have a EB3 labor and 140 approved with PD->12/2002. By 12/2002 I do have 5yrs experience but now (2007) I do have 5yrs experience and I am eligible for EB2.

My question to the gurus is can I use my EB3 PD for EB2 with new employer and can apply for 485 which is current for 12/2002?

Also, while during this transition/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?

Thanks in advance!
 
hopeful4GC said:
Hi,

I have a EB3 labor and 140 approved with PD->12/2002. By 12/2002 I do have 5yrs experience but now (2007) I do have 5yrs experience and I am eligible for EB2.

My question to the gurus is can I use my EB3 PD for EB2 with new employer and can apply for 485 which is current for 12/2002?

yes you can file EB2 with new employer, since you have 5years experience as of 2007 and file I140 with request to recapture old PD. After your 140 approved you can file 485.

Also, while during this transition/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?

According to Rajiv Khanna and other lawyers, it is possible even though EB3 140 is revoked.

Thanks in advance!
Click to expand...

radhagd
 
hopeful4GC said:
Hi,

Also, while during this transition/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?
------------------ if I-140 was approved for you in past through A or B then you can recapture that PD. if the employer revokes I-140 still you can port the PD but IF USCIS Revokes the I-140 due to Fraud on part of employer or due to your documents then you cant port the PD.
Thanks in advance!
Click to expand...
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