No, one cannot "switch" from EB-3 to. EB-2. A brand new PERM has to be filed. To see whether you qualify for EB-2, talk to EMPLOYER'S immigration lawyer.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
In order to be about to qualify for the EB-2 category, you must have a new job which requires a either an MSN or a BSN plus 5 years of professional experience. No PERM is required for an RN, but a new I-140 must be submitted.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
I agree with Mr. Shusterman. Consult with an experienced immigration attorney to determine whether you can satisfy the requirements for an EB-3 petition and retention of your priority date.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.
You will need to file a new petition. The position for the EB-2 Must require an Advanced degree and you must have an advanced degree or equivalent. If you meet all the requirements it may be possible to retain your priority date.