EB-2 to EB-1 Green Card Porting
by Admin
Posted on 06-12-2023 03:47 PM
The next step after you have gotten your eb1 visa is to get a
green card
. To change your status from your immigrant visa to an lawful permanent resident, you must first have an approved petition from uscis and the visa, as well as live in the us. Afterwards, you must file form i-485, application to register permanent residence or adjust status to uscis. This form will be processed and if approved you will get your green card in the mail after a few weeks.
Shilpa malik boris ignachkov last updated on: november 8, 2023 | published on: november 8, 2023 after all the work, fees, and filing done for an i-140 approval for the eb-2 green card, you still need to wait for the priority date to be current. For some people, the eb-2 green card waiting time could be several years or far longer. Because the eb-1 waiting times are often much shorter, one thing that many of these prospective green card holders consider is eb-2 to eb-1 porting. Porting is not as simple as it sounds. It essentially involves starting again from scratch while retaining the priority date.
There are different categories of green cards , from employment-based and family based green cards to the diversity visa. For the o-1 visa holder, it is more appropriate to get an employment based green card. Since when you first apply for the o-1 visa, an employer must petition for you, it is better to go into that category from o-1 to green card. Within the employment based green cards, there are several other visas. The one which fits the most is the eb-1 visa. The eb-1 visa is the green card for extraordinary abilities and achievements. The visa is known as a green card for outstanding professors, researchers, as well as people with extraordinary abilities in science, art, athletics, business, and education.
EB-2 to EB-1 Porting Process
At a glance: green card porting refers to the process of switching from an eb-2 green card to an eb-1 green card, maintaining the initial priority date.
Eb visas are employment-based immigrant visas that allow foreign workers to immigrate to the u. S. Eb-1 visas are prestigious and offer benefits, while eb-2 visas require advanced degrees or exceptional abilities. Porting from eb-2 to eb-1 requires eligibility and a job that meets the eb-1 qualifications. The 180-day portability rule allows applicants to retain their application’s validity even if they change or lose their job after filing. Many people have to wait to receive an eb-2 green card.
Porting is a process that allows green card applicants to transfer their petition to a different permanent resident status. If you have already filed the i-140 petition for an eb-3 and now you are waiting on your priority date, your employer may file a new petition on your behalf under eb-2 status. However, to replace your first petition, you must acquire the personal qualifications for an eb-2 (master’s degree or exceptional ability) and a position that requires new qualifications. This process is not that straightforward, so you should speak to your immigration attorney to make sure you take the right steps.
There is a natural progression that exists, allowing many who qualify for an eb3 position eventually to qualify for an eb2 job after completion of education and/or additional years of work experience. On the other hand, moving from eb3 or eb2 to eb1 is less straightforward. Still, given the possible benefits of filing under the eb1 category, especially for foreign nationals from oversubscribed countries, like india or china, exploring the possibility and understanding the eligibility criteria for filing an eb1 petition may be worthwhile. While some aspects of immigration have changed in significant ways in the years since murthydotcom began publishing articles in 1994, there is much that is still the same.
Policy update- on september 12, 2023 uscis updated the manual to offer clarifying guidance on examples of evidence that may satisfy the relevant criteria for employment first-based preference applicants, as well as how uscis officers evaluate the totality of the evidence for eligibility. See the complete details in this eb-1 policy update post. The eb-1 visa is the most distinguished and highly sought-after green cards in the employment-based category. It offers benefits that some of the other preference levels do not. However, to obtain this prestigious immigrant visa, you must fall into one of the following categorie s: eb-1a for individuals with extraordinary achievement.