EB3 to EB2

G

get_the_prince

New Member
My EB3 priority date is Mar 2005 and I filed my I-140/I-485 on
August 2, 2007. Still waiting for I-140 approval. I am with my current employer since March 2001 in Bay area, california.

My employer has another developement center on east coast. Is it possible to file a EB2 labor/I-140 from my East Coast Office if I change my job from west coast to east code under the same employer ?

If it is possible to get an EB2 I-140 can I change my Eb3 based I-485 to Eb2 based I-485. In EB2 I would probably won't get my green card in foreseable future.
 
If you are from EB3 ROW, there isn't much use in changing to EB2. So the rest of my post will assume you are not in ROW.

To qualify for EB2, you not only must have a Masters degree (or the Bachelors + 5 years equivalent), but the job must require it.

The second problem is that experience gained while with the same employer is generally disregarded (there are a bunch of rules and ifs and buts around that which I won't get into at this time). So unless your education/experience qualified for EB2 before you joined your current employer, you probably can't change to EB2 with the same employer. And if the EB2 job is substantially similar to what you held for EB3, changing to EB2 is unlikely to be approved.

But as I said before, there are ifs and buts surrounding it, so consult a lawyer to look at the specifics of your qualifications and the job involved. If changing to EB2 while with this employer is not feasible, you can look out for opportunities with another employer that would satisfy the EB2 criteria, get them to file a labor+I140 for you, and port the March 2005 priority date to the new application.
 
I am India, EB3 and I only have Eb3 equlification before joining my current employer.

I have had 7 year experiance with my current employer in California office.

My question is if I move to East Coast office in another roll (e.g. Software Engineer to Manager), can I qualify for Eb2 ?

I can also move to Manager's roll in California Office.
 
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