EB3 to EB2 Porting same employer

[liveusa]

I have been working for an employer who filed my EB3 petition in 2007. I got the EB3 Labor and I-140 approval.

To expedite the processing, i was planning to apply in EB2 category and my employer advised that he can apply for EB2 under the same company's name.

In fact, we spoke to the attorney and he said as long as the job description and roles are different between EB3 and EB2, it should not cause any problem.

Upon his confirmation, we filed the EB2 petition and awaiting approval.

I would like to know if anybody has experienced similar situation and got EB2 labor approval from same employer with no hassles?

With my recent googling, i saw that there could be bright chances of auditing by DOL.

Please advise..

Thank you.

[Attorney_22]

Generally, it is acceptable for the same employer to file both an EB3 PERM application and an EB2 PERM application as long as the roles are different and the difference in the minimum requirements are legitimate. However, there can be an issue if the beneficiary qualifies for the EB2 position by utilizing experience gained with this same employer. In this situation experience with the same employer can only be utilized if the duties of the new PERM position are substantially different than the duties of the previous position from which the experience was gained. For a more in-depth discussion regarding this matter please contact a qualified U.S. immigration attorney.

The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.