From EB3 to EB2

[Kvijay2]

Hi

Currently I am working in H1B. I have filed my GC through my company in EB3 and got my EAD. My Priority date is Jan 2007. I am still with the same company. Is it possible to Change my case from EB3 to EB2 within the same company so that I can get my GC quickly. What are the options I have . Is it something that your firm can help at this stage instead of going through my company attorney.

My wife is also working in H1B. But she is dependant on my GC case and she also got EAD along with me.

Initially she had filed her Labor/I140 seperately and got them approved and her priority date is Sept 2007(Company A) later I filed her as dependant with my I485.

Now she is with company B still working in H1B.

Given the above details, What are the possibilites/Options for us to switch from EB3 to EB2.

Thanks

Vijay

[Desi Dude]

It could be tricky. New position job duties have to be a lot different from old one. Employer will have to justify the new position and the old one. Not sure if you can use the experience from the same employer.

Murthy Attorney can provide more details and statistics.