EB-3 to EB-2 filing possibility

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pentosha

New Member
Can we change of filing process from EB-3 to EB-2, while initially my GC is processing under RIR/EB-3. Now, my Labor certification is cleared and field for I-140. Now, the company agreed to chage the filing to EB-2. But, they say that, we have to start the GC process from the begining
(i.e. Sqaure-1) like filing again for Labor for clearance.... and they will cancell the previous one which they have processed in RIR/EB-3.

My question is : Since already the labor is done under RIR/EB-3 process, can just EB-2 process be continued from I-140. Because INS cares about whether it is EB-2 or EB-3 and not the Labor department(this is my understanding)?
If we can process from continuing EB-2 from I-140 onwards without repeating the labor certification again,then what is the process that I can guide my company to do so?

Please advice.

Thanks
 
No Title

You need to have at least minimum of 3 years of relevant experience in the IT field if you are in IT.

Still consult your attorney.
 
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