Porting PD from EB-3 to EB-2

Many parts of ROW; who do not come here on h-1b; and in eb3 are part of the 245i. Good thing that it has moved beyond this date. As I had predicted; the overflow from eb2 to eb3 allowed EB3 Row to move substantially.

As far as I know; many people who come from phillipines were coming through Schedule A. Since the april 2001 hurdle has passed from ROW; then ROW should move pretty quickly.

However; there shouldn't be any such movement for India. I personally know many people in India eb2 who haven't gotten greencard even though PD is current (name check). EB3; there are quite a few labors coming in from 2001 from state of California. Those people are just now getting into the system.

I don't see any movement in eb3 india until eb3 row gets current. If you look at the number of perm approvals; (ie., eb2 and eb3 require labor cert); and think that each labor will take two greencards (dependents); then within eb2 and eb3 every year there is more people going for greencard then the total number of greencards available in a single year (this doesn't include eb1 obviously).

I'm bearish on India in eb2 and eb3. Reason for being bearish on eb2 is that I know enough people who are doing priority date transfer with eb3 priority dates in 2002 that is causing more stress in the system.

Also; as an fyi; in last couple of months; the regular permanent labors from New Jersey filed in 2002 have just been approved (March 2002 priority dates).

It doesn't look too promising.

UN, based on this quote of your's from another thread, it makes sense for India EB3 to port to EB2 category if possible. I am trying to folllow your advice. So can you please answer my questions from the previous post.
 
My Profile:
I have a Masters from US and over 9 years of progressive experience. My position requires min 7 years of experience and a Bachelors degree. So I think I am covered under EB2 eligibility criteria.

Questions:

1. First of all, can I switch from EB3 to EB2 by applying for a PERM Labor?

YES, you can.

2. How long does labor certification take through PERM?

I cant give you a definite answer. In my case, it took 4 months (for the whole process)

3. After LC, when applying for 140, how do I make sure that my old PD gets transferred to the new application?

Make sure to mention relevant memos, your approved copy of I-140, mention your A# number on new your I-140 filing.


4. How do I amend my I-485 petition to use the new EB2 I-140?

You need to call them, your attorney can write a written request. Sometimes it is automatic.

5. How long would this entire process take?

I filed new I-140 under PP, for me it took 5 months all together

6. Is it worthwhile to go this route, or is better waiting for the EB3 PD to become current?

It is worthwhile

Thanks in advance![/QUOTE]
 
1. First of all, can I switch from EB3 to EB2 by applying for a PERM Labor?

YES, you can.

2. How long does labor certification take through PERM?

I cant give you a definite answer. In my case, it took 4 months (for the whole process)

3. After LC, when applying for 140, how do I make sure that my old PD gets transferred to the new application?

Make sure to mention relevant memos, your approved copy of I-140, mention your A# number on new your I-140 filing.

4. How do I amend my I-485 petition to use the new EB2 I-140?

You need to call them, your attorney can write a written request. Sometimes it is automatic.

5. How long would this entire process take?

I filed new I-140 under PP, for me it took 5 months all together

6. Is it worthwhile to go this route, or is better waiting for the EB3 PD to become current?

It is worthwhile

Thanks very much!
 
what happens to old Pd if company branch is closed

hi all


I tried posting this question in other threads but no one answered so I am posting it here again.
here is my situation

EB3 India PD Dec. 2002 I-140 approved in 2006, got 3 year H1 extension beyond 6 years. Right now on west coast. Company is closing the office here and transferring everybody to east coast where they have another branch. My work is going to be same but now in new location.

1. Do I have to start everything again, labor, I-140?
2. What happens to my old PD? If the comapany does not have that office is I 140 (and PD) valid? It will be a disaster if I lose PD

any input appreciated

dhm2002
 
1. Do I have to start everything again, labor, I-140?
2. What happens to my old PD? If the comapany does not have that office is I 140 (and PD) valid? It will be a disaster if I lose PD

You don't have to restart anything. You will get your green card in due course. In fact you're covered under AC21 so you can change your job too without impacting your GC or PD.
 
You don't have to restart anything. You will get your green card in due course. In fact you're covered under AC21 so you can change your job too without impacting your GC or PD.

Thank you for your reply MA Labor

I have not yet filed I485 due to retrogression...isn't there some connection between I485 and AC21?

dhm2002
 
Thank you for your reply MA Labor

I have not yet filed I485 due to retrogression...isn't there some connection between I485 and AC21?

dhm2002

You are correct, AC21 can be used only if your I-485 is pending. I am not totally sure how this will play out. Try addressing your question to Ginnu, UN etc. They will have a better insight on your situation.
 
Sai4567,

Not yet, But I do see some activity on my application these days. Got RFE on medicals. Received 2FP.

My EB3 PD which successfully ported to PERM EB2 is July, 18, 2001.

-Srini

Hi addagarla/srini,

Any update on your case.

Mine is similar to your case, got rfe on medicals and got 2nd FP(code3) notice. Rfe received to Uscis 04/09, FP done on 04/06.
LUD's on 04/10, 04/11, 04/12.
 
Hi addagarla/srini,

Any update on your case.

Mine is similar to your case, got rfe on medicals and got 2nd FP(code3) notice. Rfe received to Uscis 04/09, FP done on 04/06.
LUD's on 04/10, 04/11, 04/12.

Hi addagarla

Any update on your case.
 
bronxboy,

RFE (medicals) response received 4/19, LUD 4/19, 4/20, 4/23
FP (Code 3) done 4/26, LUD 4/26/, 4/27.

Waiting for approval.
 
bronxboy,

RFE (medicals) response received 4/19, LUD 4/19, 4/20, 4/23
FP (Code 3) done 4/26, LUD 4/26/, 4/27.

Waiting for approval.

Hi addagarla,

What is your Online message now, we received your response to our request for evidence or FP review completed....

for me they received my rfe first(04/09/07), and my online message is "we received your response to our request for evidence..." , but still showing the same message after my FP (Code 3)done(04/06/07)
 
we receive emails (only if the present message changes) when USCIS send RFE
and receive the response.

When USCIS sends FP notice, USCIS system doesn't generates email. But we generally observe LUDs after FP without message change.

But after FP, my message has changed to previous one ' the case has been transfered to TSC, this office has jurisdiction ..." from "RFE received".

I don't think we can conclude something here.

-Srini


What is your Online message now, we received your response to our request for evidence or FP review completed....

for me they received my rfe first(04/09/07), and my online message is "we received your response to our request for evidence..." , but still showing the same message after my FP (Code 3)done(04/06/07)[/QUOTE]
 
we receive emails (only if the present message changes) when USCIS send RFE
and receive the response.

When USCIS sends FP notice, USCIS system doesn't generates email. But we generally observe LUDs after FP without message change.

But after FP, my message has changed to previous one ' the case has been transfered to TSC, this office has jurisdiction ..." from "RFE received".

I don't think we can conclude something here.

-Srini


What is your Online message now, we received your response to our request for evidence or FP review completed....

for me they received my rfe first(04/09/07), and my online message is "we received your response to our request for evidence..." , but still showing the same message after my FP (Code 3)done(04/06/07)
[/QUOTE]

Waited for this whole week to see an Approval email, the week has gone. Hopefully next week. Further if there any updates from you please post them.
 
I have been trying to port my PD from EB3 to EB2 but without success. I am trying to find out specifically which law or rule allows this?
Please post a link here.
 
Eb3 India

HI! I NEED ADVICE FOR CHANGING EB3 TO EB2 AND PORTING PD.

I HAVE 3 YEARS BACHELORS FORM INDIA WITH 15 YREARS EXPERIENCE INCLUDING INDIA AND US. I AM WORKING AS OPERATIONS ANALYST WITH COMPANY A SINCE APRIL 02. MY LABOR AND I-140 ARE APPROVED UNDER EB3. I HAVE FILED FOR 7TH YEAR EXTENSION AND WAITING FOR APPROVAL. I WANT TO TRANSFER MY H1 TO COMPANY B AND FILE NEW LABOR UNDER EB2 WITH OLD PD. MY LAWYER SAID THAT THE REQUIREMENT FOR THE POSITION WHICH I AM HELDING CURRENTLY IS MASTERS NOW, BUT AS I AM ALREADY IN SYSTEM EXTENSION WITH SAME COMPANY IS NOT A ISSUE. I AM CONCERNED THAT IF I TRANSFER MY H1 TO NEW COMPANY B

1. WILL MY DEGREE BE ISSUE FOR EB2 LABOR?
2. CAN WE SUBSTITUTE # OF YEARS OF EXPERIENCE TO MASTERS?
3. CAN WE FILE NEW LABOR WITH NEW COMPANY B WITH NEW POSITION AND PORT OLD PD?
4. If I-140 get denied can my current GC process with company A remain as it is active ( ofcourse when employer don't revoke)?
5. If I-140 Get Approved Will I-485 Get Approved With Company B?
6. Is it good to transfer H1 from A to B after labor and I-140 with company B (with old PD) get approved? or it dosen't matter?

ALL SUPPORT WILL BE APPRECIATED.



PD MAY 03
I-140 APPROVED
STATUS- GOING IN 7TH YEAR
WORK EXPERIENCE 15+
 
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Can you post details of how and what you have done so far to port the PD? I can post the law my lawyer put on my application tomorrow as the package is at home. Thanks.

I have been trying to port my PD from EB3 to EB2 but without success. I am trying to find out specifically which law or rule allows this?
Please post a link here.
 
Here are my details, EB3 to EB2...

Company A - EB3 labor (PD 11/2002) - 140 approved
Company B - EB2 perm labor

Applied for 140/485/131/765 in 12/2006, 140 was accepted and rest of applications got rejected twice. Finally they accepted other applications in January and I got EAD/AP for myself and spouse in February. Still no update on 140/485 applications.

My PD is still current, just looking for status and any way to expedite the process. I called USCIS, all they have on my application is Received Date...:(
 
One more question

Is it true that "old" employer should not cancel the I-140 even after I get new I-140 approve from new company ?
 
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