EB3 to EB2 - Same Employer

[Nagarajan]

Hello All,

 

I have been with this company for more than 9 years. I have worked with them in India for about 3 years and 3 months. Rest of all the years I have been in US with them.

 

They filed my GC in EB3 in 2011 Mar stating that I do not have 5 years of outside US experience within their organization as India and US of the same company is treated as different organization.

 

My 140 is approved 2.5 years back. Time flew away and now I am asking them to port me to EB2 but still they say the same reason that I do not have 5 years of outside US experience. My role has changed from the time they applied my GC and also have got one promotion in between now. I believe that I am eligible for EB2 within the same organization.

 

Can someone please clarify?

[itsmeusa]

Normally it's a risk in this case. However if your job duties have changed more than 50% from your job duties on approved PERM, they could consider you for EB2.

[omshiv]

you have a job here in the US..be happy for it..forget this EB2/EB3 thing.

[xfitter]

Yes, it's possible to do an EB2 for a position in the same company using the experience within the same company, but not for the same title as you did your EB3 for (if you want to port your Priority Date). This is assuming your experience in the company in US counts towards the requirement for the new position and that your new position is different from your old position in terms of job duties by 50%. You need a qualified attorney to review the situation - job duties of both titles, requirements for the position (viz alternative requirements in ad if any. eg. if ad says Bach + 5 yrs OR Masters+X years, make sure SVP years are equal for Bach+5 and Mast+X) etc. Your HR may be required to provide the attorney a breakdown of job duties for each position and the percentage time allocated to each tasks (to evaluate a 50% difference). 

 

You also need to individually do a thorough research and not be satisfied with answers until you see light at the end of the tunnel. I'm certain you will get "It's not possible" and negative responses from several quarters (HR/attorney/even this forum), but do not give up. Be persistent and ask questions until you find the answer you want to hear. You would also need the research to "educate" few people in this journey.

 

Good luck.