Moving Back to Old Employer and Change EB3-EB2

[PVINDU]

Hi All,

I have a situation.

I worked with a Company A for 5 years and they applied my GC in EB-3. I have an approved I-140 with them in Systems Analyst job profile. In Nov-2013, I moved out of Company A to B. I have 2 years and 3 months on my H1B to max-out. Company B promised me that they would do my GC in EB2 as I have 5+ yrs of experience. Now when the time came to file my GC, they backtracked and stated that they would only do it in EB-3 again.

Now my old employer (Company A) stated they would like to rehire me. If I move back, I will be positioned as Senior Technical Project Manager. Last position I held with them was Technical Project Manager (I got promoted from Systems Analyst-->Senior Systems Analyst --> Associate Technical Project Manager --> Technical Project Manager) in a span of 5 years.

Now, I have only been with my current Employer B for a month or so. How should I approach this situation. Will I be eligible for EB2 with Company A as I have 5 years with them. I heard that experience with same company will not be accounted towards 5 years eligibility.

Please advice.

thanks!