I think this was answered. No?
Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.
This not only looks like a question that was recently asked ... it is way to complex for an internet blog.
For 'proper' guidance, pay an attorney for a consultation.
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1. You cannot change the EB-3 case to EB2 in the future. After your EB-3 PERM and I-140 are approved, it is possible to file a new PERM and I-140 in the EB-2 category. Ideally the employee should have completed the minimum years of work experience for the EB-2 position before starting work with current employer.
You need to speak to your employer. Whether a case is filed as EB-2 / EB-3 is determined by the employer's requirements for the position, not by what you would prefer.
Law Office of Marc Taylor, Esq. PC, www.usavisanow.com, 888-645-6272, firstname.lastname@example.org , 224 W. 4th Street, Suite 200, New York, NY 10014 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Generally, an employer cannot insist on experience you did not have at the time of hire as a minimum requirement. There are exceptions. Consult with an immigration attorney for more information.
Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.
Your employer may file an EB2 petition upon your behalf in the future if you are offered a different job with that company which requires at least a Master's degree or a bachelor's degree and 5 years of post bachelor's experience. If the company first sponsors in an EB3 job, and that I-140 is approved, then later, if gets an I-140 approved for you as an EB2, your EB2 I-140 will have the same priority date as the EB3 petition.