Can PERM approved in EB2 be filed in EB3

[pintu005]

Hello All,

 

I am new to this forum. I am in a situation where I am in my 7th year of H1B extension and have my PERM and I140 filed in category EB2 and have got it approved.

 

I want to change employer and the new company is going to apply H1 transfer based on the approved PERM and I140. Is there a possibility they can re-apply my PERM in catgeory EB3 or they need they need to apply in EB2 and maintain the same priority date.

 

Appreciate your quick response.

 

Thanks

[ateetshah]

Yes since USCIS requirements for education + experience are pretty strict. Your job might require bachelors + 5yr experience, but if you have 3yr bachelors degree, I-140 will be EB3.

Again please consult qualified immigration attorney.

[pintu005]

Thanks for your response. I have a 4 years backelor degree + 5yrs of experience and also my previous I140 was approved under EB2. Do the new employer needs to stick to it or they will file under EB3.

 

Thanks

[ateetshah]

Thanks for your response. I have a 4 years backelor degree + 5yrs of experience and also my previous I140 was approved under EB2. Do the new employer needs to stick to it or they will file under EB3.

Thanks

That's for your employer to decide. It'll be better to stay away from the process as it can taint the process.