EB3 to EB2 situation

[CSU_H1]

Hi friends, Please help commenting on my situation for converting from EB3 -> EB2. I joined a company (A) in Jan 2008 and at that time the min job requirement was a bachelors degree(I had a masters degree - awarded May 2008. Although my company was willing to change the job requirement to a minimum of masters degree at that time (if it helped me get an EB2), my lawyer had to file my GC under an EB3 as my masters date was awarded after i joined my company - My lawayer mentioned that my GC will be rejected as i did not officially have my Masters degree on the date of joining my company ). Currently my priority date is Apr 2011, and looking at the current situation, there is no way i will get my GC for next 30-40 years or even more than that as i am under EB3 (unless there is some major immigration policy changes).

Since i have 5 years experience with my company, is there anything i can do to re-file my GC (afresh ) under EB2 stating any changes to my job roles (would my current 5 years experience help) ? My company will be able to help me change my job description if it helps my retention. Or should i consider moving to another company (B) and get my work experience counted and file under EB2 afresh (Note that i have completed 5 years with my H1B and the H1B quota for 2013 must have already got filled).

Please please do comment on my situation. Appreciate it.

[catx]

Although my company was willing to change the job requirement to a minimum of masters degree at that time (if it helped me get an EB2),

My company will be able to help me change my job description if it helps my retention.

The above statements indicate that your employer is willing to commit immigration fraud. Changing, tailoring, or adjusting a job description for an individual seeking immigration a benefit is illegal. (Their lawyer was 100% correct about filing under the EB3 category because of the date of your degree.)

The course of action with the least potential issues (not that it means there is any sort of guarantee) is to find a job with a new employer that legitimately requires a Master's degree (as a full time employee versus a consultant) and is willing to apply for a PERM labor certification application and I-140 petition. In that way you will be able to apply your Master's degree and years of experience. (If you have an approved I-140 petition, then you should be able to retain your priority date.)