View Full Version : EB3- to EB2 Same Employer- Confusion b/w attorneys

09-22-2010, 05:09 PM
One simple question to which I get different answers from different attorneys. I currently have US MS + 5 years of experience & working as Project Manager.. When I filed for EB-3 (in 2008) I had MS + 2.5 years of Experience and the role was Software Engineer

When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.

Attorney 1 says: It should be >50% different from the EXISTING/CURRENT job that you are working on.. For e.g. if you were developer when filing EB-3 and now you are project Manager (which is more than 50% different in my case), you can't file EB-2 for a Project Manager

Attorney 2 says: It should be >50% different from the job description that was used while filing EB-3 labor certification. This lawyer says you can file, because PM is different than developer (which was filed for in EB3 labor)

Who's correct?

10-07-2010, 01:46 PM
did you get an answer for this? Does anyone know the answer to this?

10-07-2010, 01:51 PM
Attorney 2