Changed employer A EB2 to Employer B. Employer B only does EB3

[jarajagopalan]

I have EB2 I140 with my previous employer. Changed job and the new employer claiming that they can do only EB3 as the Job description doesnt require bachelor degree with 5 yrs experience. Is there anyway I can ask the current employer to apply for EB2 I-140 as my PD is current with EB2.

[shiva_82]

I have EB2 I140 with my previous employer. Changed job and the new employer claiming that they can do only EB3 as the Job description doesnt require bachelor degree with 5 yrs experience. Is there anyway I can ask the current employer to apply for EB2 I-140 as my PD is current with EB2.

The EB category is based on the position you are currently in. So I'm not sure, it is their call is my understanding. You could apply AOS based on the EB2 I140 with you previous employer as long as they are willing to offer you a job after you get your GC.