ring said:Since currently a lot of people are filing Perm and EB2 filing what will be the effect on EB3 category as a filing under EB2 can file parallely EB2 and EB3 category on I-485 ? Does the extra unused visa numbers that once used to go for EB3 now will only go to EB2 category?
The EB3 category has stuck me badly as i now have more 5 + yrs experiece, I cannot still file perm as i am working for the same employer and same job position. If i am moved to a different higher job position same employer can i file under EB2 perm ? and since i have an approved labor under EB3 and I-140 under process could i use the EB3 priority date after I-140 clearing ?
Here is my two cents worth.
The experience gained with the same employer may not be counted for the fresh application. However if you have the 5+ yrs experience, prior to joining this employer, you may be able to file for the higher position, after your employer meets the requirement for the active recruitment prior to filing PERM.
It is best to consult a good lawyer, in this regard.