Change of employer and Job responsibility - PD 02/2009

[jayeshshete]

Hello,

 

My GC application was originally in EB3 category - Software Engineer - PD 02/2009 with employer A.

 

Employer A then in 2012 filed for my GC in EB2 which got a random audit and has been pending since last june.

 

Now I have a job offer from employer B and they are willing to file my GC in EB2

BUT: My job function will be that of a Marketing Manager

 

Question: Will I still retain my priority date from the EB3 application for software engineer? (PD 02/2009)

                 Will my current EB2 audit with employer A, affect my new process with employer B?

                 Any other points that I should clarify with the attorney for employer B?

 

Thank you for your help in advance... this is kind of urgent for me.

 

Regards.

Jay

 

 

 

[pontevecchio]

You should be able to retain the PD irrespective of the new job classification.

[jayeshshete]

Thanks..

 

Just to confirm...

 

Would there not be a question saying that the original job requirement was that of a software developer.. how can u be a marketing manager and retain your priority date? FYI, I did my MBA in marketing and that is the reason for the switch..

 

So from a software developer (EB3 PD 02/2009) I will be able to go to Marketing Manager (EB2 PD 02/2009) without any problems?

 

Regards,

Jay

[pontevecchio]

You can retain the PD because that is what the law says as of now. I cannot give you absolution.  That is up to the Attorney for B.