I 140 Porting from EB3 to EB2


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Hi I have some doubts regarding porting from EB3 to EB2 

 

No of years  Exp with Employer A : 10 months with a company (10/01/2012 to 07/30/2013)

 

No of Years Exp with Employer B :  32 months(Current Employer) (07/31/2013 to Current Date)

 

My I 140 has been approved on Feb 20th 2016 with current employer in EB3.

 

I did my B.tech From JNTU and passed out in 2009 and done my masters from an unaccredited Uni in USA. That was the reason my current employer applied my GC in EB3. 

 

I am qualified to port my I 140 from EB3 to EB2 on 10/01/2017.

 

My old employer (Employer A ) wants to file my GC process in EB2. 

 

Can he starts my Advt in Jan 2017 ?

 

His plan is to post Advt and PWD in Jan 2017 and after that apply labor with the exp I have (By the time of applying labor I will be on 50 months exp).Can he give advt as 5 Years of work Exp and Btech and apply labor for me with that Advt ?

 

By the time the labor gets approved I will get 60 plus months of exp and then can he port my I 140 from EB3 to EB ?Can Employer A do that ?

 

He said he can but I want an opinion from people who are well versed with PERM and GC process.

 

Please suggest !!

 

Thanks in advance 

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