Perm - Eb 3 - Eb 2

[EHH]

Does anyone know:

I Filed PERM 2 months ago and my status was EB 3.

My Perm got approved last week, but this week i have been promoted to manager which changes my status from EB 3 to EB 2.

Can i proceed with the adjustment of status process and use EB 2?
Or will i have to file for PERM again because i changed from EB 3 to EB 2?

 

[ImmigAttyLana]

Your promotion within the company has nothing to do with whether you are eligible to file as EB2 or EB3. If the PERM application was filed for EB3, that is what you have to file the next steps as, which means that you are not going to be eligible to apply for adjustment of status until the visa number becomes available for the EB3. If you reapply for PERM in an attempt to qualify for EB2, keep in mind that it has to do with that jobs minimum requirements and whether you had those requirements AT THE TIME of being hired and not with the experience you've already gained within the company that is petitioning you.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney