Porting Discussion

Since everyone seems to be in venting mode, I'll add my 2 cents. I have a major problem with porting and retention of PD. Here's why.

The USCIS determines if someone qualifies as EB2 vs EB3 ie has met the requirements for that category.
- Flashback to Jan 2007. Person A is qualified as EB3 ie Pd Jan 2007.
- 2 yrs later, Person B qualifies as EB2 ie PD Jan 2009.
- Present day, Person A tries to port and has finally met the requirements of EB2 ( 5 yrs work ex).

Based on today's rules, Person A gets GC before Person B even though Person B qualified as EB2 before Person A.

It's the same argument we have with EB2ROW. How does an EB2ROW person get a GC before EB2IC even though the EB2IC person qualified before the ROW person.

My POV is port all you want but you don't get to keep the orinsl PD. same logic applies to EB2 to EB1.

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Originally Posted by vizcard

Since everyone seems to be in venting mode, I'll add my 2 cents. I have a major problem with porting and retention of PD. Here's why.

The USCIS determines if someone qualifies as EB2 vs EB3 ie has met the requirements for that category.
- Flashback to Jan 2007. Person A is qualified as EB3 ie Pd Jan 2007.
- 2 yrs later, Person B qualifies as EB2 ie PD Jan 2009.
- Present day, Person A tries to port and has finally met the requirements of EB2 ( 5 yrs work ex).

Based on today's rules, Person A gets GC before Person B even though Person B qualified as EB2 before Person A.

It's the same argument we have with EB2ROW. How does an EB2ROW person get a GC before EB2IC even though the EB2IC person qualified before the ROW person.

My POV is port all you want but you don't get to keep the orinsl PD. same logic applies to EB2 to EB1.

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But I think retaining PD is explicit in the law as posted by Spec above. So not much USCIS can do about it, right? It's not like it's an administrative grey area...

Quote:

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Originally Posted by vizcard

Since everyone seems to be in venting mode, I'll add my 2 cents. I have a major problem with porting and retention of PD. Here's why.

The USCIS determines if someone qualifies as EB2 vs EB3 ie has met the requirements for that category.
- Flashback to Jan 2007. Person A is qualified as EB3 ie Pd Jan 2007.
- 2 yrs later, Person B qualifies as EB2 ie PD Jan 2009.
- Present day, Person A tries to port and has finally met the requirements of EB2 ( 5 yrs work ex).

Based on today's rules, Person A gets GC before Person B even though Person B qualified as EB2 before Person A.

It's the same argument we have with EB2ROW. How does an EB2ROW person get a GC before EB2IC even though the EB2IC person qualified before the ROW person.

My POV is port all you want but you don't get to keep the orinsl PD. same logic applies to EB2 to EB1.

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I agree.

One of my friend's brother came to US in 2007 after finishing his bachelor's degree in Computer Engineering. He directly came here on H1B as he was working there for the Indian company for 1 year and his employer had some collaboration with an American company. When he came here, he started job within 5 days. So he has been earning since he landed in US. His GC was filed under EB3 because he did not have Masters or did not meet any criteria for EB2. He has been working with the same company from last 5 years and since now, he has 5 years of experience, he ported to EB2 retaining his early 2007 PD and already got his GC.

On the contrast, his own brother who is my physician colleague, came here in 2005. Finished his Masters in Molecular Biology. He took student loans. After that, he did his MD in Internal Medicine for 3 years. After that he started job and his GC was filed under EB2 in late 2010. Now, he will wait for 4-5 years or even more to get GC. He did not have lot of research or publications so he can't qualify for EB1 and his work does not qualify him for EB2NIW. He is paying back his student loans now which he took at high interest rates in India. On contrast, his brother who came here directly on H1B, has bought a house after getting a GC already and has already been promoted.

You can put me in the same situation as my colleague friend and I will have a similar story to tell you because I came here on F1, took student loans, did my Masters in Public Health, did my MD in Internal Medicine and now waiting in EB2.

If this is the situation, what is the point in coming to US on F1, take student loans, work on-campus, struggle everyday and become more qualified only to wait for the same amount of years or even more years than someone who is just getting GC without even doing Masters earning from the day they land in US.

I think with Porting, they need to change 2 things to make it a level playing field so candidates who actually have done Masters here taking loans are not adversely affected.

1. Change of rule where PD can not be retained while upgrading from any category, whether it is EB3 to EB2 or EB2 to EB1. This applies to everybody.

2. People who upgrade from EB3 to EB2 must also have Masters from a genuine university and not some sham online university and also should have 5 years of experience. They should have both and not one of them.

Now, I know many of my friends who actually did Masters here but their employers filed their GC under EB3 because of their job requirements. For these guys, 5 years of experience should be enough to upgrade but again, they should not be able to retain the PD.

Friends - I hear you. I dont deny there are indeed quite seemingly unjust examples in life.

In simple language one can describe the lucky ones as "Khuda meherban to gadha pehalwaan" i.e. literally "If God is willing then even a donkey gets to become the boss".

Personally - I avoid this frustration by asking myself - were there situations in my life when others might have put me in that donkey's position. In other words - I may have just turned lucky. Truly speaking - yes indeed there are a few lucky turns in my own life.

So if I find an unlucky turn - I personally try to take it easy. However I do admit that losing 5-10 years of your productive life - chasing a stupid immigration document is one of the gross injustices on a capable individual.