EB3 to EB2 porting question on cap

Hi all,

I have a basic questions regarding porting. Apologies if this sounds simple but I couldn't find the exact info anywhere.

I have an EB3 application with October 2008 priority date and my I-140 is in approved. I have changed my work criteria sufficiently enough in my current company to qualify under EB2 category.

For the port, I know the company has to file for a new PERM and then do an interfile to request the priority date from EB3 get applied to EB2.

However, does this qualify as a brand new H1B application in that I again need to get an H1B spot within the quota/lottery? Or is this new process cap exempt somehow and the new process isn't dependent on the H1B submission deadlines and getting a new spot?

Thanks.

The short answer is NO. Your future job doesn't have to be your current job.

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Originally Posted by prodigy_max4

Hi all,

I have a basic questions regarding porting. Apologies if this sounds simple but I couldn't find the exact info anywhere.

I have an EB3 application with October 2008 priority date and my I-140 is in approved. I have changed my work criteria sufficiently enough in my current company to qualify under EB2 category.

For the port, I know the company has to file for a new PERM and then do an interfile to request the priority date from EB3 get applied to EB2.

However, does this qualify as a brand new H1B application in that I again need to get an H1B spot within the quota/lottery? Or is this new process cap exempt somehow and the new process isn't dependent on the H1B submission deadlines and getting a new spot?

Thanks.

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