EB2 filing after EB3


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my current employer has filed my GC on EB3 category but I was hired on the agreement that they will file EB2, can they now refile again for EB2? I am curious to know if there is any legal restrictions for my employer to do an all new filing on EB2 ( new labor and I140 ?)

also is there a designation assigned or created on the job description will make any difference in filing on EB3 instead of EB2?

Thanks for your time and help on answering these questions.

 

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