EB2 PERM labor certification question

[latbsol]

(I am posting this here, since the PERM forum doesn't accept new threads. If you think this needs to be moved to a different forum, please let me know).

I have been working with my current employer for the last 5 years in job title A, which wasn't qualified for EB2. But now I will be been promoted to a totally different job title B, with the same employer and the new position qualifies for a EB2, since the requirements for the job is a Masters degree with one year of experience. The employer will later file for a PERM labor in EB2.

For the purpose of EB2 labor for the new position, I need to show 1 year of work experience.

Question 1: For the EB2 work experience for Job title B, would I be able to use/show the work experience I gained when I was working in job title A with the same employer? Remember the current job title B (for which EB2 labor is being filed) is significantly different from the previous job title A (which only qualified for a EB3).

Question 2: I have my I-140 approved in EB3. Assuming the EB2 labor certification gets approved, could I re-capture my EB3 Priority Date? If so, what is the exact procedure for doing that?

Thanks much for your time in helping clarify this.

 

[ginnu]

(I am posting this here, since the PERM forum doesn't accept new threads. If you think this needs to be moved to a different forum, please let me know).

I have been working with my current employer for the last 5 years in job title A, which wasn't qualified for EB2. But now I will be been promoted to a totally different job title B, with the same employer and the new position qualifies for a EB2, since the requirements for the job is a Masters degree with one year of experience. The employer will later file for a PERM labor in EB2.

For the purpose of EB2 labor for the new position, I need to show 1 year of work experience.

Question 1: For the EB2 work experience for Job title B, would I be able to use/show the work experience I gained when I was working in job title A with the same employer? Remember the current job title B (for which EB2 labor is being filed) is significantly different from the previous job title A (which only qualified for a EB3).

Question 2: I have my I-140 approved in EB3. Assuming the EB2 labor certification gets approved, could I re-capture my EB3 Priority Date? If so, what is the exact procedure for doing that?

Thanks much for your time in helping clarify this.

I think the experience gained with SAME employer is not counted for EB2. Check with your company lawyer.
If I-140 is filed for you and that I-140 is approved then you carry the PD of that I-140(PD is the date LC was filed). At the time of filing second I-140 then your lawyer need to write on cover letter to recapture the early PD and should provide the copy of Past I-140 approval notice to USCIS