change of job - same company

[betterlifein2011]

I have been been on H1-B with same employer in US(Fortune 100 company) since April 2001 and my current H1-B is valid Dec 2012.

I have approved LC and I-140 in EB3 with Priority Date of Nov 2004.

I have now accepted a new position in another Department in the same company - doing a similar role but based on my experience gained in the current role(10 years).

Also do i need to update my H1-B to reflect the new position? My office will be moved 1 aisle within the same floor.

Will i qualify to get my I-140 moved from EB3 to EB2 and retain the same priority date of Nov 2004?

thanks in advance

[Belle]

Talk to your lawyer. Since it is a different department, you should be able to claim your experience, however, the final determination will also depend on your education.

[VijaySam]

Though there are several post against porting. Your case sounds like you deserve porting to EB2. You have been working for the same company for almost 10 years and you have the experience. I hope the new job you recently moved too is higher pay with more responsibilities. I would suggest you should talk to your immigration lawyers and ask them about porting to EB2 trying to retain the same priority date.

[betterlifein2011]

it is a similar job - no salary raise, no change in title, just more work and forward looking work.

[desitrustee]

You need to have a change in job responsibility by 50% and change in salary (higher).