Can i change my Eb3 filing status to Eb2

Ghost_card

Registered Users (C)
My attorney had filed my case as Eb3 by mistake and my I-140 got aprroved.
Is thier any way that i can change my Eb3 filing status to Eb2 as my annual pay and Work responsibilities have increased. Can i use my new work scope and higher annual income to change filing class to Eb2. :confused:
 
Ghost_card said:
My attorney had filed my case as Eb3 by mistake and my I-140 got aprroved.
Is thier any way that i can change my Eb3 filing status to Eb2 as my annual pay and Work responsibilities have increased. Can i use my new work scope and higher annual income to change filing class to Eb2. :confused:
Yes you can file PERM with EB2 and keep your priority date. you can't use your experience on the current job to qualify for Eb2.
 
You would have to refile the labor certification all over again.

Also

The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;

Letters documenting at least ten years of full-time experience in the occupation being sought;

A license to practice the profession or certification for a particular profession or occupation;

Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;

Membership in professional associations;

Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.

http://uscis.gov/graphics/howdoi/eligibility2.htm
 
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