Priority Date Change from EB3 to EB2

F

fortune50

Registered Users (C)
Hi
I am in my 7 th year extension
I applied Eb3 labor (PD jan,2004 )from one of our wisconsin branch office
my Eb3 labor got approved and I am going to apply I-140
I am having 8 years experience (6 years of prior experence before joining this company) I asked my employer to file I-140 , he is not doing it but he is telling following reasons(I called to attorney he is also telling same reasons)

1. we cannot change prority date from EB3 to Eb2 since your labor is applied from branch office . They say since PERM needs to be applied from Headoffice
It is not possible to change priority date, so it is waste of money

Is above reason true? I believe this is the lame excuses , Please help me to take better decision here. I appreciate your answer.
 
They are telling you the truth. The best way for you to get an EB2 application would be to go to another employer who is willing to sponsor you for it.
Speaking from extensive experience, you are NOT being led astray.
BB, Paralegal
 
From your statment Your EB3 LC is approved, go for I 140 get it approved.(i 140 must be approved)

Ask your company to file a new EB2- PERM, once approved file I 140 and get it approved (i 140 must be approved) ,

now use EB3 priority date to file your Eb2 I 485 application ,if the dates are current.

fortune50 said:
Hi
I am in my 7 th year extension
I applied Eb3 labor (PD jan,2004 )from one of our wisconsin branch office
my Eb3 labor got approved and I am going to apply I-140
I am having 8 years experience (6 years of prior experence before joining this company) I asked my employer to file I-140 , he is not doing it but he is telling following reasons(I called to attorney he is also telling same reasons)

1. we cannot change prority date from EB3 to Eb2 since your labor is applied from branch office . They say since PERM needs to be applied from Headoffice
It is not possible to change priority date, so it is waste of money

Is above reason true? I believe this is the lame excuses , Please help me to take better decision here. I appreciate your answer.
Click to expand...
 
If you do this, there is a significant fraud risk, as initially the employer is indicating that the position only requires a bachelor's degree. Then, suddenly, he will only accept someone with a master's degree or the alternate of a bachelor's degree with 5 years of progressive experience. The PERM may get certified, but the I-140 will more than likely have difficulty clearing.
 
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