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Posted on 14 Dec 2009
Q.

EB3 to EB2 Porting

1) PD for my EB3-GC application is 3/2003 and it is cross-charged to my wife's country of birth (Australia). Per current visa bulletin, cutoff for Australia is Aug'02.
2) Since EB2 category for Australia is current, I am considering asking my employer (same employer with whom my EB3-GC is in process)to file an EB2 for me and port my PD of 3-2003
Q1) Is it possible for same employer to do that ? (I have the required qualifications for an EB2)
Q2) Do I have to withdraw EB3 application? If yes - At what stage ?
Q3) My wife is working on her EAD from the EB3 application. What will happen to that, if we file another EB2 and port the date?
Q4)Is it worth taking the risk or would you advise just waiting for EB3 for Australia to catch up to 3/2003?
Appreciate your advice. Thanks!

User's Location: Atlanta, Georgia, United States of America
Category: Employment-based Green Card
Posted on 15 Dec 2009
A.
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David Rubman
Immigration Lawyer
Rubman & Compernolle
(312) 341-1907

www.rubmanlaw.com

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