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titus126
12-29-2010, 07:26 PM
Folks,

I need advice from all of you with EB2 filing. Currently I have a pending EB3 case filed in 2004 as "Web Developer". I have been working with this company for the past 7 years and now I have found a new company wiling to file under EB2 category. Their attorney is suggesting filing EB2 in "same or similar" position. I am not sure what would be appropriate position that would qualify for EB2 which is same or similar to the pending case. I would assume the EB2 case should have significant changes in terms of duties to qualify. Could you please advice .

titus126
12-30-2010, 04:11 PM
Gurus, Please help

sareesh
12-30-2010, 04:20 PM
My understanding is company's requirement. Eventhough you are doing same job but company 2 requires BS + 5 or MS + x years for same position you can qualify for EB2.
if you are filling with the same company then you might need significant changes to qualify for EB2.

Thanks,
SG.

thomachan72
12-31-2010, 11:09 AM
My understanding is company's requirement. Eventhough you are doing same job but company 2 requires BS + 5 or MS + x years for same position you can qualify for EB2.
if you are filling with the same company then you might need significant changes to qualify for EB2.

Thanks,
SG.

The job description would also matter. For eg:- for a basic level job the company cannot specify the qualifications as MS or BS + 5 years. However if the job requires special skills that can reasonably be assumed to be obtained only with a MS or BS+5 years then you should be fine.

titus126
01-03-2011, 07:22 PM
Thanks Thomachen and Sareesh. In my case, EB2 is filed as "Web Developer" . Looking through the O*NET, I don't see any senior level position for web developer? Whether a "programmer/analyst" considered to be in same or similar job tile/duties.

Also, Is there any prerequisite that the job tile/job duties in EB2 should be same as the pending EB3 to port the priority date?

titus126
01-04-2011, 02:51 PM
My attroney/Company wants to changes the job title/duties.If someone went through this same situation, could you please help me

krishmunn
01-04-2011, 04:45 PM
I am assuming you are starting a new GC process (from PERM onwards) and will just use the current PD. In that case, you can have a new title, new job description etc. and still use the PD.
If you have filed 485 and want to use AC21 to switch to a different company, it need to be same or similar but then you are not filing any new GC under EB2.