Can i apply for EB2 - I140 for an approved EB3 140 with the same employer

[cooldude735]

This is a strange scenario.

 

EmpA - 2010 EB3 approved I140

 

I have moved onto port this with other employer but the process is too time taking (10+ yrs already in US). I have decided to move back to my old employer.

 

But the question can they apply for EB2 140 since they already have the labor and Ii140 approved in the past for EB3 category. I have a masters degree in US and 12 yrs exp in US alone.)

 

Can anybody suggest?

[pontevecchio]

Any EB2 petition will start from scratch and experience in the current company cannot be used to qualify should the current company agree to file for another job.

[cooldude735]

I have moved to Emp B and Emp C and gained 5yrs of experience of a total 12 yrs.

 

Can Emp A apply I140 directly as EB2 in this case?

[pontevecchio]

If the job needs a Masters at a minimum then your employer can consider you for the job. The existing I-140 cannot be updated. You can retain the PD for a new EB2 filing. You should discuss specifics with a Lawyer.