pch03,
Very good point, not only that like OP(don't remember exactly but said employer got 2000 employees and will start porting most of them), it will not be that easy for same employer or matter of fact even for the new employer to keep on filing for new EB2 positions... here are some thing any employer have to consider before filing new PERM/i140 application..
1. Does the employer have a EB2 job opening(s) to start PERM process in the first place...
2. If answer to Q1 is yes, then once he promote EB3 employee to EB2 position what will happen to the current EB3 position?
3. Employer can not tailor new positions to fit current or future employee.... that means the position he/she is applying PERM (EB1/EB2/EB3) should be well documented
4. How many employees he is considering for porting , $$ for porting also need to show supporting financial(ability to pay)
5. Also on every PERM/i140 application with DOL/USCIS employer need to indicate current number of employees.
6. If the employer is submitting new PERM/i140 for EB2 positions and there is no change in # of employees,or decrease, then that will trigger a red flag at DOL and USCIS...
7. If the employer found guilty/at fault, then he/she will be fined and can not file new PERM cases...
So there should be a break-even point some where which we should be able to find, hopefully, this year based on the trending!