Same Employer: Transfer- EB3 to EB2


rahul251

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Hello Everyone,

 

My situation in brief:

 

I have MS degree from US (major EE), My employer wants to file my GC but in EB3 category due to job profile and requirement. I don't want to file my GC in EB3 rather I want in EB2.

 

Questions:

 

1. If my employer files my GC in EB3, once my I-140 gets approved and I get a promotion, can they re-file the GC application in EB2 and use the priority date from EB3.??

 

2.  If my employer files my GC in EB3, once my I-140 gets approved, can I change my employer and request my new employer to file in EB2 but use the priority date from my previous application (EB3) ?? 

 

3. Is it difficult to change from EB3 to EB2??

 

Please help me. Your answer will be much appreciated

 

Thanks,

Rahul 

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1. If my employer files my GC in EB3, once my I-140 gets approved and I get a promotion, can they re-file the GC application in EB2 and use the priority date from EB3.??

 

They can refile in EB-2 and use PD if your job changes by more than 50% and it meets EB-2 requirements.

 

2.  If my employer files my GC in EB3, once my I-140 gets approved, can I change my employer and request my new employer to file in EB2 but use the priority date from my previous application (EB3) ?? 

 

New employer can file in EB-2 and use PD if your job meets EB-2 requirements.

 

 

3. Is it difficult to change from EB3 to EB2??

 

Not difficult if you have all the right paperwork.

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