jayeshshete Posted January 15, 2014 Report Share Posted January 15, 2014 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 Link to comment
pontevecchio Posted January 15, 2014 Report Share Posted January 15, 2014 You should be able to retain the PD irrespective of the new job classification. Link to comment
jayeshshete Posted January 15, 2014 Author Report Share Posted January 15, 2014 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 Link to comment
pontevecchio Posted January 15, 2014 Report Share Posted January 15, 2014 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. Link to comment
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