Eb3 to Eb2 with Same Employer with new position


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Posted

Hi

 

I need some clarification regarding EB2 eligibility for new job requirement.

 

My Situation:

I did my Masters in computer science, worked as consulatnt for 2.5 years and then joined Full time for my current employer (big firm) and working since last 6 years.

They filed my GC in EB3 in 2009 (the position had requirement of Bachelors with 3 or Masters with 1 year experience).

 

 

Now there is a new job position available in our team and its job requirements are:     

  • Masters or undergraduate degree in computer technology or information technology;
  • Minimum five years experience in financial services risk management or computer technology;

 

Does this position qualify for EB2 if i apply? (I have Masters with 2.5 years experience before i join this company).

If i apply what are the consequences i have to deal with GC as i'm applying in the same team for a different position.

 

Can some experts/attorny clarify my questions around these please?

 

Regards

MK

 

Posted

If you want an attorney's opinion, expect to pay for a consultation.

 

 

Experience earned in the applying company does not count.

Posted

An employer may file multiple PERM applications for the same employer for different job opportunities.The position described appears to be one which would support classification in the EB-2 category. Experience with the same employer typically does not count towards meeting minimum requirements for another job with the same employer, unless the position with the employer is more than 51% different than the job being offered with the labor certification. It may be helpful to discuss this matter with a qualified immigration attorney.

Posted

Yes the position does qualify for the EB2 category. But you can port your EB3 to EB2 only if the job is atleast 51% different than your current job. Your company's attorney will be able to help you in this matter, I would recommend seeking advice from your attorney as soon as you can.

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