Going from Eb2 to Eb3

[un_coverthesecret]

Hi,

I am currently in EB2 with priority date sept 2011 with company A. I have a better offer (20% higher) from Company B in terms of benefits but Company B says that its job description does not permit EB2. Only when the job description is 50% changed can they apply in EB2.

I have a masters degree + 6 years of experience.

Should I take the risk of going to Company B, stay there for a year and look for an opportunity to either get a promotion in B or Look for another company C to file in EB2.

I am hoping that my priority date can become current most likely in 2015. So I still have time to earn more money and then latter worry about GC.

Also can the priority date be ported from EB2 to EB3 and then again from EB3 to EB2. Please advice

Thank you

[Attorney_11]

Current rules and regulations permit retention of priority dates between approved I-140 petitions for the same individual regardless of the employment based immigration process.

[Desi Dude]

Current rules and regulations permit retention of priority dates between approved I-140 petitions for the same individual regardless of the employment based immigration process.

What if Company A revokes his I-140?

[Attorney_15]

USCIS guidance states that a priority should transfer from an I-140 even if a company revokes the visa petition. However, there have been some instances known when USCIS has refused to do so.