Switching from EB3 to EB2

[yuva1234]

Hi team,

 

Here are the questions i have regarding porting from Eb3 to Eb2.

 

I have my Eb2 category I-140 approved with my previous company A and i moved to company B and working for the last 2 years. I got to know that my previous company revoked my I-140 and have to start the GC with new company B as soon as possible.

 

My current company started iniating the GC and now even though i have experience of 8+ with Masters degree in Engineering, the attorney told  that the current job requirement that I am working on is for 3+ so they can't file in EB2 and so since I am pretty close to timeline of initating the GC, I wanted to file them in any category, so they will file soon in EB3.

 

Questions:

 

1. If they file in EB3, what will be the process to change to EB2, will it be like starting the labor process (PERM) again?

 

2. If the current company doesn't in file EB2 later, then if I switch to a new company and file in EB2, will there be any problem?

 

3. I heard about new rule that if I have approved I-140 with the current company, I can switch to new company with the same I-140 and no need to inititate the process from the start (PERM)? Is it true?

 

 

Thanks

-Lakshman

[vijay81]

1. yes. porting only happens at i-140

2. No problem

3. Not true with current rules. New rule is not out yet.

[yuva1234]

Thank you for the response.