EB3 to EB2 after completing MS

[gc2day4me]

Hi there!! My EB3 PERM is just got denied. And my employer is ready to start a new application. But since I will be finishing my MS in next couple of months and would like to file the new case in EB2 category. My attorney is saying it is risky because i have already been working on this job with bachelors degree.

 

Has anyone tried this before? What are the options available for me to start the new case in EB2 category.

[rahul412]

Your attorney is correct. 

You need to find another employer for EB2.

[gc2day4me]

Thank you! I was thinking to ask if we can file a new PERM for a new role/position in my current company. not sure if that works.

[JoeF]

First, a new position would have to be at least 50% different from your current position.

Second, did the employer pay anything towards the degree? Then it can't be used at all.

The issue really is that some qualified person from outside the company would not have received the same support, so an outside applicant would have a disadvantage. And that's not allowed.

[gc2day4me]

No employer did not pay any. Thanks Joe for the info. I will be talking to attorney sometime this week and keep this forum updated with info.