Eb3 to EB2 Upgrade, Same Employer or Change Job?

[Visathinker]

Hi All Experienced Folks!

I am at critical stage of life. I have EB3(India) I-140 Approved with PD Jan-2009. Considering huge back log in EB3-I, I don't think I will be getting my Green Card even till the day of my retirement. I am seriously thinking to get my GC processing changed to EB2 as well port my PD of EB3. I am in big dilemma whether I need to change my employer or I should file EB2 with same employer!! I have heard that EB2 with same employer is not easy. Could you please let me know what should be the correct path for me to choose?
FYI - I have got any promotion with my current employer since I have joined it nor I do I think of getting any promotion in next 1 or 2 years.

Regards
Visathinker

[Visathinker]

There is a minor typo in my post above...correct line should be ...

I have *NOT* got any promotion with my current employer

Sorry for confusion

[suresh_d]

Hi,

I am also in the same boat with PD Jun2008, I got promotion too, I am talking to my Lawyers to see the possibility of the EB3 to EB2 upgrade. As per as my Lawyer's concern you have to have 50% of your job duties should be different from your past role. If this is possible with your current Employer, then you can consider moving to EB2 with the same company. (you may or may not get RFE/Audit, but you have to prepare for that)

If you are willing to change your job (you also consider your career growth here), it will be easier, if the Employer willing to file in EB2 category.

Thanks,
Suresh

[Amman]

The rules for applying EB3 to EB2 with same employer is complicated especially when you don't have significant job role change (50% or more) since you started the employment. I think it would be best to carefully review with an experienced lawyer case by case. Individuals who have done this conversion may provide their own experience that may through some light. Good Luck!

[Visathinker]

I checked with a lawyer in another forum and he told me straightforward that I may not be able to get my PERM approved if I upgrade from Eb3 to EB2. With the same employer PERM is susceptible to Audit and USCIS think that Employer is upgrading in order to retain employee. Your best bet would to change employer.

By the way, have you guys seen/heard anybody of getting Eb3 to EB2 successfully upgraded with same employer?

Regards
Visathinker