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Eb3 To Eb2 Question On Perm Section J.

Discussion in 'I-140 job portability' started by Satish.txt, Aug 26, 2015.

  1. Satish.txt

    Satish.txt Member

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    I am with same employer and got EB3 approved 4 year ago but now I am porting from EB3 to EB2 after got promotion in JOB,

    I have Question on following question.

    17. Did the alien complete the training required for the requested job opportunity,
    as indicated in question H.5? - "N/A"

    18. Does the alien have the experience as required for the requested job
    opportunity indicated in question H.6? - "N/A"

    19. Does the alien possess the alternate combination of education and experience
    as indicated in question H.8? - "NO"

    20. Does the alien have the experience in an alternate occupation specified in
    question H.10? - "YES"

    21. Did the alien gain any of the qualifying experience with the employer in a
    position substantially comparable to the job opportunity requested? - "NO"


    Question:

    what should i put in J.21? I do gain experience with same employer, But my current JOB duty is 50% different.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I can't address your specific case because I haven't reviewed it. Generally, if someone gains their qualifying experience with the sponsoring employer, the answer is always yes.
     
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  3. Satish.txt

    Satish.txt Member

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    I am with my employer last 4 years, and got EB3 approved ( lawyer didn't file EB2 because of not having 5 year exp.) Now I got promotion and my job duty changed to 50% different plus total exp is more than 5 year.

    My lawyer got agreed and he said we can move to EB2.

    Do you think we should say (yes) to that question, just worried it could trigger audit.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to discuss this with your lawyer.
     

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