EB3 to EB2 through promotion

G

GreenMA

Registered Users (C)
Guys, please help me on this issue. Can I convert to EB2 through a promotion with my current employer? My case is very simple.

1. Approved labor cert. and 140 (PD: March 2004)
2. Promoted from Engineer to Senior Engineer with similar job duties. Per our HR document, the Senior Engineer position requires BS and 6+ year of experience.
3. Even before joining my current company, I had a MS degree and 4 yr exp.
4. Applied under EB3 because the job ad. said BS + 2 yr at that time.

So can I apply for a EB2 PERM and 140, then port my approved EB3 PD to EB2? Experts and people with similar experience please help! Thanks!
 
Yep, you sure could do that - if you want....EB2 can only be better than EB3.....these days...

There are really no drawbacks....except for the cost of filing, which hopefully will be borne by your employer, I pressume! So, really no drawbacks - as well!
 
I believe you can if your company is willing to pay all the cost for the EB2 filing. I was in the same situation last year after promotion/receiving my masters so I asked our company lawyers about this; sadly my company didn't want to pay the extra cost so I stayed on EB3.
 
Thanks a lot for the replies. My employer agreed to file the EB2 for me. Does anyone know how much the job description needs to be different? One guy mentioned that it has to be at least 50%.
 
GreenMA said:
Thanks a lot for the replies. My employer agreed to file the EB2 for me. Does anyone know how much the job description needs to be different? One guy mentioned that it has to be at least 50%.
Click to expand...

That would make sense. The job needs to be substantially different.
 
TheRealCanadian said:
That would make sense. The job needs to be substantially different.
Click to expand...

The more I read on the web, the more confused I got. If I stay with my current employer and apply under EB2 because of the promotion. Does it still have anything to do with AC21? Or is it more like a completely new application but I simply ask to port my EB3 PD to EB2 I-140?

Here is what makes me really confused.
1. if it is related to AC21, then the job duties should be similar.
2. if it is like a new application, the the job duties should be different.

For case 2, I heard I cannot use the experience gained from my current employer. But is it true even if I got the promotion and the application is more like a completely new case?
 
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