question about gc

[missindia12]

hi,

my company applied for my LC in Feb 2000. This was for a job under EB3 category as at that time I didn't have 5 years experience. I am having 5 years experience since June 2000. My job duties have changed since I applied for LC and I have acquired new skills but my job posting is the same.

If I wanted to apply under EB2 category, can the company now cancel my original petition and apply again
for the same job posting ?

If I change my job post internally in the same company, can they go ahead and start the whole process again ?

I read somewhere in this bulletin that once I-I40 has come under EB3 , you can then apply under EB2 and still retain the priority data of EB3. Can you please give me more information regarding that option.

I have only 2 and half years before my 6 years are done and hence am very keen on having it under EB2.

Please advice

[immihelp]

Keeping in mind the details you have mentioned, you can apply for EB2 by starting all over again.

You can retain your old priority date if your I-140 for EB3 has been approved.

[missindia12]

hi,

do i have to change my job post for starting all over again ?

thanks,
sandhya

[immihelp]

By changing job post, if you mean changin job location; then the answer is you don't have to change job location.

[missindia12]

i am sorry that i didn't make myself clear.

what i wanted to know was can the process be restarted for the SAME JOB again ?

Thanks

[immihelp]

If it is the same job at same place with same job duties/responsibilities, you can't use that experience in EB2.

[raman]

Suppose earlier he was Programmer on H1B with same Company and now HE fiiles LC for a NETWORK ENGINEER from the same company, Can HE use the EXP gained with the Same Employer as His JOB Title is diffrent?