If you missed part 1, please click here: http://topimmigrationnews.blogspot.com/2013/02/faq-eb3-to-eb2-porting-part-1.html
Check out few more topics below:
I-140 Revocation Concerns
frequent question from those considering an EB3-to-EB2 upgrade is
whether the EB3 petitioning employer can create problems. Specifically,
individuals in this situation want to know whether the EB3 employer can
withdraw the earlier approved I-140 petition.
law, the I-140 petition may be withdrawn by the employer who filed it,
should the employer so choose. The I-140 may be withdrawn even after it
has been approved, and even if it was approved several years before. The
employer has this option until permanent residence that is based on
that employer's filings has been approved. A more pressing question,
however, is whether this revocation will make a difference in efforts to
complete an EB3-to-EB2 upgrade, namely the employee's ability to
transfer or retain the earlier priority date.
General Policy on Priority Date Retention
long-standing Legacy INS and USCIS policy on retention of EB priority
dates after I-140 revocation is favorable. The policy allows individuals
to keep their (older) priority dates from approved I-140 petitions even
after revocation in most instances. However, some questions arose
regarding the continuation and uniform application of this policy.
Priority Date Retention Even After I-140 Revocation
USCIS advised on April 12, 2012 that the Texas (TSC) and the Nebraska
Service Centers (NSC) have had "robust" conversations on this topic with
Service Center Operations. TSC and NSC want to act in a consistent
manner. Both will allow for priority date retention when a new I-140 is
filed, even if a prior employer has revoked the earlier I-140.
Exception to Priority Date Retention
older priority date will be retained, as long as the earlier-dated
I-140 was not revoked by the government for reasons of fraud or
misrepresentation. With this confirmation of policy on the part of the
service centers, there should not be a risk that a former employer will
cause the loss of a priority date simply by withdrawing an approved
I-140 after an employee leaves.
Acceptance of U.S. Online Degrees
some, the use of the EB3-to-EB2 upgrade strategy requires obtaining
additional education. This can pose difficulties for those who must
balance the desire to gain additional education and degree/s with the
need to maintain employment. It is often much easier to strike this
balance by taking online courses for all or part of the educational
Given the recent controversy over online
courses for foreign students, the USCIS was asked whether online degrees
from accredited U.S. universities are acceptable for EB2 purposes. The
USCIS confirmed that degrees from accredited U.S. universities will be
accepted and, further, acknowledged that many major universities are
providing online courses.
Please click here to see the interfile letter: http://topimmigrationnews.blogspot.com/2013/02/eb3-to-eb2-porting-interfile-letter.html