Upgrading my current EB3 case to EB2 category?

[GC_123_GC]

Hello,

I have approved I-140 under EB3 with PD of August 2009, fine.

Now am thinking to upgrade my category from EB3 to EB2 (i guess, i need to go thru brand new LABOR and I-140), so in this process of upgradation pls. let me know,

1) If my labor did not went well, does this failure result impacts any thing on my previous/EB3 case?

2) If my I-140 denied under EB2, does this deniel result impacts any thing on my previous/EB3 case?

3) After I-140 deniel, does USICS deletes my EB3 record/case from their data base? or my name will be there (good EB3 and deniel EB2) all the time in their data base? any issues with this?

Pls. note the emploer is the same all the time

Thank you

[kkhilnani]

Please consult with an attorney. Based on my personal experience, what you want to do is most likely not going to work. Firstly, the employer needs to file a new labor for a job that requires Bacholor + 5 yr min. exp. And this min 5 yrs exp has to be from elsewhere. That is you cannot use the experience obtained while working with the same employer.

[aboppana]

1. no

2. No

3. No issues.