Can I change to EB2 after filing in EB3?

[cs98036]

Hi,

My current employer (whom I joined in the US with H1 transfer) has filed my GC in the EB3 category since I had 4 1/2 years of IT experience before joining this company. Even though I did complete 5 years of IT experience before actually filing the GC, my current company's policy did not allow me to upgrade to EB2.

If I change my job and the new employer agrees to file my GC in the EB2 category, could I legally do that? If yes, will I have to cancel my prior EB3 GC filing and then file a fresh EB2 or can I just continue on the same application?

I have a 4 year Engg degree from India and 6 years of IT experience now.

Thanks in advance!

[txh1b]

The job should qualify for a Eb2 first and then your qualifications come into picture. Yes, it is possible to retain your old priority date for EB3 in the EB2 case also. Talk to your lawyer.