Start GC in EB3 and then change to EB2 or wait for EB2 qualification

[pawatram]

Hello all,

I have a Master's degree and 4 years of Work Ex. My employer is not willing to file my GC in EB2 as the job position doesn't require a Master's degree. Though, they are willing to change my GC petition from EB3 to EB2 whenever I qualify. As per them the advantage of filing now (on EB3 and then updating to EB2 v/s waiting and filing on EB2 later) is that I'll retain the priority date that is issued to me today.

Could someone guide me and tell the pros and cons of both situations (applying GC on EB3 and then updating to EB2 v/s waiting and filing on EB2 later)

Thanks,

Punit

[SameerH1Bworker]

Your employer said right, you can retain your priority date later when you transfer from EB3 to EB2.

If you're not paying for GC then I would suggest to start with EB3 & later convert it into EB2. Because to convert into EB2, you need to do every thing from scratch & need to pay for everything again..

[pawatram]

thanks Sameer for your reply. Can the same employer change my petition from EB3 to EB2, after I get a promotion? Does the new application need to have a drastically different job description?

Thanks,

Punit

[SameerH1Bworker]

Yes, same employer can change from EB3 to EB2 & yes job responsibility should be change more than 50%. The only good thing is you retain your priority date thats it. Otherwise process to change from EB3 to EB2 is like starting GC again. you need to file PERM, I-140 & during I-140 your attorney retains your EB3's priority date to EB2.