Should I refile in EB2 or File with future employer in EB2?

[wasimaries]

Hi,
I need advice from experts please.
My company files my PERM in EB3. MY PERM date is 2008. I have approved PERM and 140 in my hand but I can not file I-485 as dates are not current for me. If I file in EB2, my dates are current. I just need PERM approval. I can file 140 and labor together.
I have done my master in USA and have 4 years USA experience + 2 years outside USA.
Can I file my PERM with the same employer? what are the complexities in it? Should I file through another employer as future employee.
Please guide where is less risk involved. I am not interested to change my employer and they are also willing to adjust it.
Experts answers will be appreciated.

 

[st4rguitar]

This is a slippery slope. If you file a new EB2 petition with your current employer, the position being filed must be at least 50% different than the other role. If that can be documented, then yes, it is possible. This could be evidenced by filing a new H1B petition under the new job title (new SOC/OES code/level, supervisory duties, higher-level tools, etc.) -- proving a bona fide job opportunity/promotion exists. If it is just one of those "he's being promoted" but really no change in the job is there & it's only to get your GC faster, then that's (IMO) not a smart idea. Talk to your employer/your employer's attorney.