Ongling PERM EB3 in a company, can I be filed PERM EB2 with another?

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Carmen123

Registered Users (C)
I am working on TN for two years now. Company filed PERM back in October on EB3 row,
even though the position and me qualify for EB2. I was born in a south american country.
The way things are right now, the PD is 7 years, which sucks (India and China are 8 years).

I believe it's really unfair, since I requested and they agreed verbally in my department (manager,
director) to do EB2, they understood my concerns, but the HR screwed me at the last minute and filed on EB3 (they
want to keep me in the company for 9 more years).

Unfortunally even though I've grown professionally I've come to the top of a hill and it doesn't
seem like it might get much better anytime soon, so it's a dead end for me.

If I had a GC with me I would have left already but I'm thinking 'oh well they are sponsoring me'
but thinking of doing the same thing for the next 6 years and a half makes me want to shoot myself on the foot :).

So, I am thinking of changing jobs,(it will pay a little more, don't worry)
but I do want EB2 sponsorship from the get-go as a condition, and
I was thinking of going further, since I am in a position where I have leverage (a job and being sponsored).

I was thinking since the company I'm in right now have filed PERM EB3 with the labor dept, If I find a company 2 interested
can I ask them to file me for PERM on EB2 and when they have it approved I would switch with them?
Is it feasable? can it be done?


Thanks in advance for your precious feedback/advice.

Carmen
 
You can have as many processes going as you want. I would get them to file PERM as a condition to start work.
 
How about get them to file it and wait for approval to start working? if it goes fast it can take a couple of months, that would be ideal, thoughts?
 
In the case that I would decide to wait until having the PERM under EB3 finished and approved and THEN switch jobs, would I be able to recapture the PD from this approved EB3 PERM to continue with the process under EB2 (i-140)? Or should I start the process from scratch on EB2 and file an EB2 PERM?

Thanks
 
You can recapture your priority date only if you have your I-140 approved in the previous employment.
 
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