EB2 to EB3 downgrade - 2 options

I have approved I-140 in EB2 with my current employer. PD is August 2016.

When I asked for downgrade, employer told me there are 2 options.

  1. Amend EB2 to EB3. No need for new PERM.
  2. File new EB3. However for this one, they said they need to do PERM first and then I-140.

My question is for second option, is new PERM really required? Can’t they use existing EB-2 PERM. I remember reading about this somewhere that new PERM is not needed but I cannot find it.

Just want to make sure that immigration team is giving me right information and not holding out on options because of inconvenience to company. :slight_smile:

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A new PERM is not required for the 2nd option if you are working for the same employer who filed your EB2.

Thanks Kalpesh. thats what I thought too. Not sure why employer immigration team is saying otherwise.

Has your job profile changed after the EB2 perm was approved?

Is the attorney trying to file PERM for new job profile or the old one?

You can file downgrade if the employer is ready to sponsor EB3 for same job profile for which EB2 was approved.
If attorney is asking to either amend or file new PERM, then they are probably thinking of current job profile instead of the old one.

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Hi I have received 3 promotions since I-140 was approved. So I went from software engineer - technology to associate director - technology. Although I still continue to be working in development path albeit with more responsibilities such as leading team etc.

My guess was the same if they are worried that with this new profile if they are not able to use existing PERM.

You should have given this information about your promotions in your initial post.

@anil_am22 replied already on why your employer/immigration lawyer suggesting what you mentioned. So you should go with their advise.

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