Second time PERM processing


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I need an advice on my current situation. My previous employer processed my green card up to I-140 which was approved in EB-2 category in 2011. In 2012, the contract with my previous employer was ended but my client manager asked me to work thru a different vendor and continue the same job. I accepted the offer with the assurance of fresh green card process with the new employer/vendor. I transferred the H1 with new vendor and I have been with them for two years.


After a long push my current employer ready to file the PERM in my sixth year i.e, starting today.


But they want to file my PERM in EB-3 category instead of EB-2. The reason is they had some denials in the past. In order to succeed in the green card process they want to do that in the EB-3 category.


The facts are:

 * I'm in the same job, my previous employer got I-140 approval for me in Eb-2 category in 2011.

* Current employer want to file in Eb-3 because of failure rate in Eb-2 category.

* My job requires at least a bachelor degree.

* I have a bachelor in IT and 9 years of experience before my current job.

* I'm in the sixth year of H1 period. (ie. starting today)


Please give me some advice on how I can convince my current employer to file it on EB2 category.






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you are eligible for Eb2. Because you have Bachelor's degree( 4 years ) and 9 years of exp.


But if your current job requires only Bachelor's degree then it goes to EB3


My current job requires bachelor degree with 8 years of experience.

Does it still eligible for eb3?

Thanks for the replies guys!

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