Immigration Issues/EB3 to EB2

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Question
Is there an option to upgrade the processing from EB3 to EB2 category provided we get some high recommendation from client/employer? Current stage is I-140 approved and I-485 filed. Thanks

Answer
EB3 cannot be changed to EB2 after PERM (also known as application for labor certification) is filed with the Department of Labor.

A new PERM application would need to be filed with the Department of Labor. If the position requires either a Master's degree, or a bachelor's and 5 years of progressively responsible employment experience, then after PERM certification by the Department of Labor the I-140 can be filed in EB2. You can retain the earlier priority date when filing new I-140.

You can contact our law firm at 212-268-3580 during business hours, or email info@@h1b1.com if you need additional guidance.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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