Can one Upgrade from EB-3 to EB-2 (if qualified for EB-2)

Depends on the labor application. One needs to file a labor amendment with DOL upgradring the job to EB2 level, get that amendment approved, and then either file a new 140 or file a 140 amendment. Overall it will be more than a year's effort with no gaurantee that 140 will be approved.
 
Top