EB3 to EB2 Same group but different company


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Hello all,

 

I am working for a company ABC, LLC which was taken over by a much larger company PQR.

My company name is now changed to PQR ABC division, LLC. I have EB3 I-140 approved after the take over. 

The I-140 and H1B petitions show the same name.(i.e. PQR ABC division)

I am about to complete my MBA and planning to port to EB2. My MBA is sponsored by my employer PQR ABC division, LLC (I came to know that I cannot use this degree since my employer sponsored it) I am aware that the new job needs 50% change.

 

Now PQR has taken over other companies too. For e.g. LMN.(It may be named PQR LMN division now and employer code might be different) There are many job opportunities with LMN that match my skills and PQR encourages inter-group transfer.

 

Can I change my job to LMN and port from EB3 to EB2 by filing a new GC application. Is this possible? Is it considered as a new job and will the MBA sponsorship and 50% rule will no longer be applicable?

 

Thank you in advance

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