From EB3 to EB2 **Whats the process**

[devenderthota]

Hi,

My company has started my GC under EB3.Currently waiting for Labor approval. But, is there any way we can change from eB3 to EB2 when applying for I-140 ?

# I have joined this company 2+ yrs back.
# Have Batchelors degree with 3+ years of prior experience (not including my current company)

is it possible to convert from EB3 to EB2 if yes, what is the process? or what is the pre-requist ? Please suggest. Thank you!!

-Dev

[txh1b]

Not possible for the scenario that you have detailed.

[devenderthota]

Thanks txh1b,

But is there any way which i can use my current company experience?
My position got changed recently. Can't we put current experience also?

Please advise.
-Thx

[Xkuger]

Its possible under only one condition.

You quit the current employer and Join a new employer.

You will not be able to retain PD.. its Labor cert all over again..

[txh1b]

Couple of problems. You do not seem to have the exp needed for jobs eligible for EB2. The job must require a EB2. To use current experience, the job for GC has to be 51% different than your experience from previous job.

[aberjack79]

Job Change - PERM and I-140 approved, I-485 not filed yet

Hello,

This question may have been asked before but I couldn't find the answer.

My current situation
1) Currently in 5th year of H1 with employer A
2) PERM and I-140 approved with a PD of Jan'09; I-485 not filed yet - EB3 category
3) Received 3 year H1B visa extension based upon I-140

I am planning or rather thinking about job change
1) Can a new employer hire me under a transfer of H1? How many years would I get?
2) Can the same employer file for my Green Card under EB2 category. I understand that the stage I and II will have to be repeated but can I keep my priority date same if it is a similar category job?
3) Does my stage I and II automatically revoke if I quit job at Employer A? Is there a certain timeperiod after I-140 approval that stage 1 and 2 cannot be revoked?
4) If I can't keep my PD, can a new employer B still file my green card from scratch (assuming that I have a successful H1 b visa transfer), even though employer A has filed my green card before. Will there be any complications?

Any thoughts, advice, experience or recommendations would help.

Thanks.