Eb2 or Eb3

[paryaniafroze]

I used to work for a company in US, the name of the company is ABC, ABC had filed for GC under EB-3, as I was not having 5 years experience before I joined ABC and had got labor and i-140 approved with the priority date of 11/20/2010. I have resigned from ABC and joined Wipro. Wipro doesn't do GC.
Now if I go back to ABC, now I have more than 5 years experience, now I have 7 1/2 years of progressive experience. Can my employer ABC can do my GC under EB2 now, if I join ABC, how about labor/i-140 under EB-2?

Can I use the same priority date 11/20/2010?

Please let me know accordingly.

[txh1b]

Employer has to prove that the job requires such an experience now and the experience obtained at the same employer cannot be used unless the job for LC is 51% different from the one that you worked with the employer while gaining the experience.

It is a loaded question. A discussion with your attorney is recommended.