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.
Porting PD from EB-3 to EB-2
- Thread starter DineshKumar
- Start date
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]
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]
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
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
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
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.
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,
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]
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]
[/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.
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+
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.
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...
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...