Changing I-485 AOS category from EB3 to EB2

[kminer]

I'm in REW, have a baccalaureate degree, and filed the AOS in 2007-Sep under the EB3 category. My PD is 2007-Jun. Also have Labor Certification, I-140 and EAD.

In the meantime, I have accumulated 5 years of progressive work experience, and I would like to upgrade/change/switch to the EB2 category. I'm hopeful based on the USCIS page on Educational and Experience Requirements for Employment-Based Second Preference (EB-2) Immigrants:

The equivalent of an advanced degree is either a U.S. baccalaureate or foreign equivalent degree followed by at least five years of progressive experience in the specialty.

Two critical elements must be established before an advanced degree EB-2 petition can be approved. First, the position itself must require a member of the professions holding an advanced degree. Second, the alien must possess an advanced degree as shown by a master’s degree or its equivalent.

progressive experience is demonstrated by advancing levels of responsibility and knowledge in the specialty.

The page, however, is also iffy about approving such applications easily, and the example job description they give for an approved EB3 application is nonsense.

So, has anyone done this type of employment-based category change? What would the implications be?

Thank you!

 

[nkm-oct23]

Firstly the minimum requirements for the job (for which green card is requested) should be eligible for EB2 classification. Secondly, the applicant's qualifications must meet those minimum requirements. If job has already been classified as EB3 by filing LC and I-140, you cannot change it now unless the employer is willing to amend/re-file labor certification and subsequently I-140. All these will have to occur before you can claim EB2 for AOS.

 

[Jackolantern]

For EB2 purposes, normally your experience and education while obtained with the same employer is ignored (there are exceptions, but that's a long story and it requires changing to a new position). So unless you're changing employers, you should only expect to be allowed to use the qualifications you had before you joined your current employer. And whether you change employers or not, a new labor certification and I-140 will be required. I'll also repeat that it is not sufficient for you to have the Masters degree (or Bachelors + 5 years), but the job must also have that as a minimum requirement.

I'm in REW, have a baccalaureate degree, and filed the AOS in 2007-Sep under the EB3 category. My PD is 2007-Jun. Also have Labor Certification, I-140 and EAD.

Something is wrong with your dates. The EB3 cutoff in September 2007 was August 2002, so you could not have legitimately filed for AOS in Sept. 2007 with a PD of June 2007.