GC :- query for EB2 and EB3 catogeries

[bgurjar]

i am in state from last 2 years and my employer is now filing my Green card. emloyer is saying he cant file my GC under EB2 as i have joined them with 4.5 year of work experience with a bechlor degree. employer is saying that he will file in EB3 instead of EB2. my total work experience will be 5 years in a month.

i have few question:-

1) is the thing which employer is saying is correct that you should have 5 year of work ex before joining the employer who is filing your GC.

2) is there any chance of changing it from EB3 to EB2 in future.

3) what is the backlog time difference in these two EB2 and EB3.

thanks in advance for your response.

bgurjar

[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. Moreover, it is important to understand DOL and USCIS view when experience for a position must have been 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 Green Card 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.