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View Full Version : Changing from EB3 to EB2 - company willing to do so


Jonas76
11-04-2008, 08:53 PM
Hi,



I need some suggestions regarding changing from EB3 to EB2. My lawyer filed my case as EB3 - but my company is now willing to change to EB2 (as some work might change within the firm that would require MS degree etc). What's our options? I have MS degree from US university and 5 years work experience. Danish nationality, recruiting done and PERM filled about 1 1/2 month ago. Do we need to start all over with everything? Job postings, PERM etc, or is there any other options? Can I pay for the cost for any of this?



Any suggestions?

GoneSouth
11-05-2008, 03:22 AM
Hi Jonas,

I successfully re-filed as EB-2 (I-485 approved Aug 08) after having originally filed as EB-3 with the same company. We had to restart the entire GC process from recruiting forward. Additionally, it took some 8 months to get my EB-2 PERM approved, since I already had an approved EB-3 PERM and this confused US DoL. At the time, I was able to pay all the fees to do this, but that was some time ago that I filed PERM (2006), so you will want to check latest regulations.

See my posts in this thread for more detail: http://immigrationvoice.org/forum/showthread.php?p=257881#post257881

Good luck!

- GS

gcdreamer05
11-05-2008, 11:34 AM
Hi,



I need some suggestions regarding changing from EB3 to EB2. My lawyer filed my case as EB3 - but my company is now willing to change to EB2 (as some work might change within the firm that would require MS degree etc). What's our options? I have MS degree from US university and 5 years work experience. Danish nationality, recruiting done and PERM filled about 1 1/2 month ago. Do we need to start all over with everything? Job postings, PERM etc, or is there any other options? Can I pay for the cost for any of this?



Any suggestions?

Hi Jonas,

You can do that, if there is another job requirement for which you fit in EB2.

For the perm you cannot pay any of the fees, the company has to pay the fees, if they come to know that you paid the fees for the perm , that may have negative effects on teh application.

so if company is willing to pay for the perm fees then you are good to go.

There was another thread about job zone in this forum , check that because getting EB2 is very difficult now as they wuld classify all job positions as EB3.


Good luck !