Simple question on EB3 -->EB2 Conversion

texancanadian

Registered Users (C)
Simple question on EB3 -->EB2 Conversion,

Guys I know this has been discussed before but would appreciate a yes/no answer on the feasibility of this plan. I will approach my company lawyer/HR only if I receive confirmation if this is possible/reasonable.

Background.

I am EB3 India with a PD of August 2001. I have Masters degree from US. I have worked for the same company since nearly 7 years and have no intent to change companies. My job is a non IT job and my firm is in the management consulting business.

When I started my job I started in an analyst position where only a bachelors degree was required. After 2 years of employment my company filed for my LC. However my LC got stuck in TWC, DOL-Dallas, and BEC-Dallas until last August 2005 when it was approved. Since then I have filed for I140 which was approved in October 2005 and have since been waiting for PD to become current.

Question.

Since the 7 yrs I started with my firm (5 yrs since applied for LC) I have been promoted twice. My current position requires 5 yrs working experience.

I would like to explore the possibility of applying for PERM on the new position under EB2, and then porting my old PD at I 140 stage to the EB3 petition. Can I do this ? I have no intent of leaving my firm as I am quite sure they will transfer me to Canada and give me my same job there if it comes to it. I have heard that you can only do what I want to if you have experience from another employer.

Please let me know if my plan is workable, and what are the risks if any.

Thanks.
 
you can check the perm faq. It saids the experience you gained with your current employer does not count. Except:

1) your employer can demonstate they can't train a worker to qualify your position. Which I deem hard to convience dol

2) the position you file to the EB2 is more than 50% different with your current job. I am not sure how a level change will be playing and interests to know myself. From what I heard if you are changing from a engineer to a group manager, that definitely does the trick . Personally I feel to start a new job is easy to get an eb2 started. But as a whole, I am not sure.

Good Luck.

:D .
 
EB3 to EB 2 same employer

Is it worth re-filing labor in EB-2 category (through PERM)?

My labor and I-140 are clear. Cannot file for I-485 because of EB-3 retrogression. My PD is Dec 2002.

If I refile the labor in EB2, I can utilize the PD of Dec 2002 when I file for I-485.

Any recommendations? :confused:
 
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