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Can I change to EB2 after filing in EB3?

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  • Can I change to EB2 after filing in EB3?


    My current employer (whom I joined in the US with H1 transfer) has filed my GC in the EB3 category since I had 4 1/2 years of IT experience before joining this company. Even though I did complete 5 years of IT experience before actually filing the GC, my current company's policy did not allow me to upgrade to EB2.

    If I change my job and the new employer agrees to file my GC in the EB2 category, could I legally do that? If yes, will I have to cancel my prior EB3 GC filing and then file a fresh EB2 or can I just continue on the same application?

    I have a 4 year Engg degree from India and 6 years of IT experience now.

    Thanks in advance!

  • #2
    The job should qualify for a Eb2 first and then your qualifications come into picture. Yes, it is possible to retain your old priority date for EB3 in the EB2 case also. Talk to your lawyer.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.