Refiling I-140 as EB2 instead of EB3

[raravena]

Hi my gf just got the I-140 approved a couple of months ago as an EB3. By the time she got it approved she had moved to another position within the same company. We'd like to know if she can refile the I-140 as an EB2 since now she has a bachelor's degree with +5 years of experience.

They are proccessing EB3 priority dates for her cases of Jul 2002. This is a 4 year backlog. If she filed as an EB2 and got approved then she could go through the process much faster. Yet she still in the same company but with a different position that we believe qualifies as an EB2.


Should she/can she refile ?

Any suggestions/comments appretiated.

Thanks!

 

[nervewreck]

Refiling 140 in EB2 is not possible unless a fresh LC is filed in the EB2 category. Please visit other responses on similar cases in this forum.

Safest bet in such cases is to file for 140 with current LC in EB3, and once its approved, if you think its not worth waiting, apply for new LC in EB2, and then in the newer 140 mention about the old 140's approval, and there by would be able to retain the old priority date.

I am actively investigating this option as well, but have surely read in other postings that this is possible.

Good Luck.