Converting EB3 to EB2 with same Employer

Green Cards 2 views 3 answers
Currently I’m in EB3 (I-140 Approved) and my Company is ready to re-file my case in EB2 category and also moving me to an EB2 position but my concern is that I have Bachelor degree and Exactly 4 Years and 10 Months of experience prior joining this company. Is it ok to file in EB2? Please Advice.

Attorney Answers

3
Kiki Mosley ·
no,you need to have 5 years of additional experience. However, you can gain the experience with the petitioning employer if they can show that it was in a position at least 50% different from the one in which you seek to base the EB2. In more understandable terms, they may be able to do it once you reach the BA+5 mark, but there is a specific formula for how to do so. I am assuming your company has an immigration attorney they use for these types of files. If not, I would encourage you to urge them to. This is not an impossible procedure, however, it is complicated and costly, especially if not done right the first time.
0 upvotes
Dhenu Savla ·
I agree with Atty Mosley. It is not easy and can be done if your new position is at least 50% different, and your employer has to be committed to helping you transfer in EB2 and go through all the various documentary requirements. Many employers are unwilling. Dhenu Savla SwagatUSA, LLC www.swagatusa.com
0 upvotes
Gen Kimura ·
No. In your case, EB2 must be BS + 5 years of exp, and you can not use experience gained from your employer who sponsors your permanent residency petition.
0 upvotes

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