EB3 to EB2

[Ammu82]

When my employer had applied for my GC in 2008, I was fit for EB3 category since I had Bachelors Degree with less than 5 years of relevant experience, but now I have more than 5 years of relevant experience. I have got my PERM approval recently and have to file for I140 now.

1) Can I change my petition from EB3 to EB2 now?
2) If Yes, can I do it at the time I file for my I140 or I will need a different application for that.
3)With PERM and I140 approval if I leave US, can I apply for I485 from anywhere outside US when the dates open?

[Xkuger]

IF you are with the same emloyer... the answer is 'NO'. As I understand it, experience aquired with the current employer cannot be used for GC application.

Please think this Thru.... "Your Employer applied for you to GC based on a Job requirment i.e. for a EB3 qualification -- Note not your qualification but employer requirment"

Now you are asking that to change to EB2--- mmmmm, dosen't that make your Labor Invalid because that Job that the employed offered you is no longer available or the requirment has changed....

Do not attempt such changes, you will loose what you have in the hand.

[DMX17]

IF you are with the same emloyer... the answer is 'NO'. As I understand it, experience aquired with the current employer cannot be used for GC application.

Please think this Thru.... "Your Employer applied for you to GC based on a Job requirment i.e. for a EB3 qualification -- Note not your qualification but employer requirment"

Now you are asking that to change to EB2--- mmmmm, dosen't that make your Labor Invalid because that Job that the employed offered you is no longer available or the requirment has changed....

Do not attempt such changes, you will loose what you have in the hand.

The above post is incorrect.

[DMX17]

The job has to require BS + 5 yrs. The EB category is based on what experience the job requires and NOT what you have.

If you applied for another PERM with EB-2 requirements, looks like you will be using the experience gained in the same company. For this the new job has to be siginificantly different that your current jobs. So it's complicated but not impossible.

Read more on the forum. E.g.

http://www.immihelp.com/forum/showthread.php?t=40741

http://www.immihelp.com/forum/showthread.php?t=68658