Porting EB3 to EB2 by Same Employer

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I would like to your your expertise on my EB2 porting case:


Here is the situation.  I am working with the company AAA for past 8 years,  I was holding my Bachelor's Degree  from indian University (3 Yrs course) with 10 Yrs of experience.  My company filed PERM through EB3 using existing experience and my UnderGraduate Degree level.  However,  There are couple of changes happened recently:


1. I got promoted to next level

2. I have completed my M.Sc (Masters of Science) from One of the universities in India enrolled and completed on January 2014.


My questions are:


1. Can I port my EB3 to EB2 by justifying that I got promoted and passed Masters. If yes, on what clause?

2. If I file EB2, I need a US bachelor degree (4 Yrs equalent) and 5 yrs of experience.  Though I can fulfill the Degree requirement (Bsc+Msc=5yrs), How about 5 yrs of experience.  Can I port my existing experience from the same company that obtained on my EB3 period?


Please help.



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Having a Masters doesn't make it EB2.

And if the employer supported your studying in any way or form the degree can't be used for a GC, anyway. That's because you would have an advantage over other applicants.

For EB2, the job has to require the degree. And if your current job doesn't require it, the GC job would have to be at least 50% different from the current one.

Does your employer have a lawyer? All this is standard stuff that any competent immigration lawyer could explain.

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Hi JoeF,


Thank you for your reply.  


1. Current company doesn't sponsor my Masters degree.  I by myself sponsored it.

2. The job description of my current job title (after promotion) would requires US equivalent bachelor Degree+5 Yrs of experience in order to eligible for EB2.

3. Also, I confirmed that the responsibilities/description of the current job (after promoted) is 50% different  from my earlier position in the same company.



My question here is, Since I passed my Masters degree recently (January 2014) which gave me eligible of US equalent bachelor degree in order to apply EB2 category,  Can I use the 5yrs experience from my current company to show that for EB2?


Also, I have 7+ yrs of experience from previous companies besides current company.  Could I use it for the experience requirement for EB2, In case EB2 porting doesn't allow to use the experience from the current company?


Or, Do I need to gain 5yrs experience further, saying you will have to get 5 yrs of experience after you your Masters degree (passed out date) which is 2019, then you are eligible for EB2?


My question is simple here, How can justify the 5yrs of experience?




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