EB3 to EB2 same employer

[jainz]

Is it possible to have the company that did your EB3 paperwork do your EB2 paperwork for the position you were promoted to?

 

Can the experience you gained in your EB3 position at the same employer count towards filing under EB2 for the new position you are promoted to?

 

Would both the EB3 and EB2 applications be in progress or does the EB3 application need to be withdrawn?

 

 

[t75]

IT depends on too many factors to give you a definitive answer on a forum.  It is possible, but an attorney must evaluate thenew position to see if it meets the requirements and your qualifications for the position

[ateetshah]

IT depends on too many factors to give you a definitive answer on a forum. It is possible, but an attorney must evaluate thenew position to see if it meets the requirements and your qualifications for the position

Keep in mind that attorney will most likely never evaluate a position. That task falls on HR, your manager and you yourself discussing.

Attorneys give legal framework, never 100% justify position. When my PERM as filed, I had to give business necessity on position and stuff, not attorney. Attorneys look for format, but you have to provide content.

[t75]

Why were you , the employee, involved in the discussion.

 

Most employers have well defined job descriptions for every position in the company. Once cannot just create a job customized to an employee for which a GC is being filed.  Even young companies should be able to have these on file otherwise how would they know which applicant meets their needs. A job title or description does not likely fully define the job but that does not mean that the employer creates job descriptions specific to the employees in the same job.  It is quite likely that a person did not have the same skills when hired as when the GC was filed.

 

As for determining whether a job meets the requirements for EB3 to EB2, I'd trust the attorney rather than HR.

[ateetshah]

Why were you , the employee, involved in the discussion.

 

Most employers have well defined job descriptions for every position in the company. Once cannot just create a job customized to an employee for which a GC is being filed.  Even young companies should be able to have these on file otherwise how would they know which applicant meets their needs. A job title or description does not likely fully define the job but that does not mean that the employer creates job descriptions specific to the employees in the same job.  It is quite likely that a person did not have the same skills when hired as when the GC was filed.

 

As for determining whether a job meets the requirements for EB3 to EB2, I'd trust the attorney rather than HR.

We don't have well defined job descriptions because our functional and corporate titles along with group roles are all different and inherently complex which probably is hard to understand for most people. I was involved because law firm, HR and manager decided it is in the best interest of everyone. Just because somebody who doesn't understand the intricate & complex workings of PERM process should not assume it's wrong. Also we deal with large immigration firms.

Rather than ranting without knowing full facts about skills and everything, you should get yourself familiarized with how things work in real jobs and real companies. Maybe you were never exposed to such high levels of intelligence within the organization and decision making process at large corporations. That is how real jobs are done which lacks in your ill conceived posts.

None of what you said above exemplifies the right spirit in which most of us have done things. And yes I work for a conpmay which has 100k+ employees globally.