EB3 to EB2 for hospital pharmacist

[h1b_guy12]

I have been working as a pharmacist in a hospital which is part of a bigger health care system of more than 20 hospitals and numerous clinics. I have my I-140 approved under EB3 India with a priority date of April 2009. Since the January 2012 bulletin has come close to my priority date, I was looking at options to go for a EB2 petition. So my questions are:

1. Are there any other pharmacists working in a hospital who filed under EB2?

2. Do I need a new PERM application process and a new I-140 under EB2? I am hoping that my old EB3 I-140 remains valid even after I apply a new EB2 petition.

3. How expensive it is, if I bear the expenses? I would like to hire a different attorney if my employer's attorney doesn't agree for EB2.

Any thoughts and insights will be really helpful?

[Shurap1]

Your employer needs to file a new PERM and then I140 for a job description that qualifies for EB-2 category. While filing new I140 you need to provide copies of the approved EB3 labor and I140 notices to port your EB3 priority date to EB2 application.

Expensive? I believe labor filing needs to be paid by employer and then depends on your lawyer and if you opt to file I140 under premium processing or not the I140 charges would vary.

You need to understand it is not employer's attorney who needs to agree whether it is EB2 or not, it depends on what job you do and whether that qualifies for EB2 petition or not. If the job itself do not required high skilled worker then going to any attorney would not help.

[h1b_guy12]

Thanks for the response!

I know atleast couple of other persons who had the same qualifications as me as well as same job, it worked for them. That is the reason I wanted to try in EB2.

What happens if my EB2 petition is denied? That doesn't effect my earlier approved EB3 PERM or I-140, right?