EB3 validity


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Hello,

my PD is Oct 27 2003 --> Eb3.

140 Applied.

Waiting for dates to apply 485.

I am with same employer and got promoted 2 times in the same filed ( QA department). Moved from Tester -->lead-->Supervisor.

How this will impact EB3 ?

Please advise.

Thank you

Prasad

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You have to apply for EB2

That is not correct. There is no such thing as "have to apply". Given the posted information, s/he maybe eligible for a new PERM labor certification application + I-140 petition process under the EB2 employment category if (i) the new job description is applicable, (ii) satisfies the 51% different job duties and responsibilities test (which is not just more responsibility associated with a promoted position), and (iii) the employer is willing to undertake a new EB-2 process.

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