Eb2 eligibility after changing employer

[Rockstarct]

Hi, 

 

I had an approved i140 in eb2 category. I switched my company last year assuming new company will file my GC in the same category. Was just reviewing my h1b petition filed by the new employer it says requirements for the job is a bachelor degree with out mention of any additional experience needed. 

 

Question:

Does any of the following going to affect my prospect of filling under eb2. I have 15 +years of experience and salary of 100k+

1) my wage category is filed as level 2 with 80k as the prevailing wage.

2) my h1b doesn't specifically state bachelor degree+ 5 years experience required for the position.

3) if the company delays filing before next renewal what will happen. I am on my 11th year.

[pontevecchio]

EB2 usually means a job requiring Bachelors plus five years experience or Masters by itself. If these criteria do not apply it would be EB3. Both the job requirements and your credentials have to be on board.

[Rockstarct]

Job requirements here refers to my h1b petition or is that something done during the perm filing advertisement. 

 

Is there any way to correct this ? Like h1b amendment.

[JoeF]

11 hours ago, Rockstarct said:

Job requirements here refers to my h1b petition or is that something done during the perm filing advertisement. 

 

Is there any way to correct this ? Like h1b amendment.

That applies to the GC job. It is not possible to change that once it is filed. You would have to get a promotion to a new job which is at least 50% different, and a new PERM would have to be filed.

[Rockstarct]

My perm is not filed yet, I am planning to ask my employer to file it this month. Before that I was reviewing the h1b petition application which stated only bachelor was required. 

Based on the responses I assume I can still apply for eb2 where the advertisement should say the job requires bachelor+5 years experience.

 

Thanks all for the responses.

 

[JoeF]

16 hours ago, Rockstarct said:

My perm is not filed yet, I am planning to ask my employer to file it this month. Before that I was reviewing the h1b petition application which stated only bachelor was required. 

Based on the responses I assume I can still apply for eb2 where the advertisement should say the job requires bachelor+5 years experience.

 

Thanks all for the responses.

 

It would have to be a job different than your current job, since your current job only requires a bachelor degree.

The rule is that it would have to be significantly different, 50% or more.