OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!
ANSWER: First, it is important to note that it is not the job titles that has to be 51% different; it is the duties and responsibilities.
It is possible to change from EB2 to EB3 category. However, the actual process can be complicated. You should have an attorney assist you. First, make sure you qualify. I cannot tell you if you do or do not; that is your attorney's job.
Make sure not to revoke or withdraw the original I-140. In your cover letter, explain that you submitting a subsequent I-140 petition in accordance with 8 CFR §204.5(e). Make sure to indicate that you are seeking EB3 and explain that your original PERM labor certification is not attached as it was filed with a previous I-140 petition. Include the PERM labor certification number in the appropriate space on the I-140 and indicate in the appropriate space on the I-140 that the original PERM labor certification was previously filed. Make sure to include the previous I-140 receipt number in an attached explanation. Then include all of the evidence of your qualifications as you would any other I-140 and documentation of the employer’s ability to pay the prevailing wage. Note the priority date from the original PERM labor certification.
I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.
And if you want to talk on the phone for 30 minutes, I can send you an offer for that.
If you have received the answers to your questions, please leave a positive rating so that I get credit for doing my job today. Like you, I want to be compensated for my efforts. You can do that by choosing on the 3, 4 or 5 stars so I get credit for doing my job.
A BONUS is also appreciated, if you feel I've earned it.
And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.