EB2 filing

[settyv]

Hello,

I have 3 yrs Bachelor + 2 yrs Master degree in Computer science from India.My employer filed GC on EB3 and i got my 140 approval with the priority date Feb 2008.I am working with the same employer since April 2005.If i change my employer,would i be eligible to file under EB2 and port my existing labor date.Please advice me on this.

My employer is also filing new labor under Eb2 now. I heard with the same employer porting from Eb3 to Eb2 would be an issue.Please clarify on this.

Thanks,

Setty

[shandan]

Actually EB catergories depend on the Job requirements, if the job requirement states Masters or Advanced Degree then it qualifies for EB2, you certainly are eligibile since you have an Advanced Degree, so if you find a job with EB2 requirement, you can port the PD from your existing approved I-140.

As far as same employer having issues going to EB3 to EB2, I do not think it will be a problem, as there is no such thing as going from EB3 to EB2, he would start a fresh GC application for a new job position which qualifies for EB2 (unrelated to the prior EB3 job position), and port your existing PD, as would any other employer.