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EB-3 to EB-2 with the same employer

Submitted by Chief Editor on Aug 8th 2011
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My PD is EB3 - Dec 2007. I have 3+2 years of education from India which is equivalent to US Bachelors. I have 3 years of experience before joining the current empoyer. Now I have more than 10 years of experience(including the experience with the current employer). I would like to know if I can apply again in EB-2 with the same employer using the experience gained from current employer.

You can, if the job offered is more than 50% different than the job you were performing so far with the same employer.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

I 140 denied and pending AAO appeal

Submitted by Guest on Aug 17th 2011.

Hi

My labor was applied in Aug 2003 and it was approved in May 2007. I filed my I 140 in June 2007 but it was denied in Oct 2008 based on 3 yr education,and now the case is pending at AAO since Dec 2008.

I would like to know if i can file a new I 140 based on the same old labor(with PD 2003) while the earlier I 140 is pending for appeal.

I 140 denied and pending AAO appeal

Submitted by Rajiv S. Khanna on Aug 21st 2011.

You can.

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