I worked for Company A from Nov 04-Dec 08 during which they filed for my GC under EB3 and my PERM & I140 was approved. In Jan 09, I moved to Company B and they also agreed to sponsor my GC. They have indiated that they would have to list the min. req. as MS+ 3 years, which is an acceptable alternate equivalent to a BS +5 in the eyes of USCIS for an EB2. (I have an MS degree from a US Univ). But,acc. to them, since my job description at the time of hiring didn't specify MS degree as required, they cannot change it now to suit my GC application. But my question is, Can't they use BS+5 years of exp.as justification to change from EB3 to EB2? I am assuming that Res. Asstntship during MS is considered to be work exp. Apparently,using BS+5 years in my case is risky and could attract an audit.