Eb3 to Eb2 with Same Employer with new position

[mk1980gc]

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

 

[t75]

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

 

 

Experience earned in the applying company does not count.

[Attorney_11]

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.

[kaps]

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.