Changing Eb-3 to eb-2: is it recommended ???

[royl66]

I'm from "other countries" which EB-3 visas have just recently retrogressed and EB-2 visas are still current. I got my LC (EB-3) approved last month under PERM. I continued and filed the I-140 (without I-485 as visas numbers were not available at the time, before the big retrogression), and got it approved too. However, since my PD is JUL'05 I will have to wait aprx. 4.5 years till visas become available. So I'm considering switching to EB-2. I have BA plus 5 years of experience from my home country but I think there are still few obstacles to overcome:
1. I will have to obtain new PW for higher classification (EB-2) and do the whole LC process all over agin.
2. After obtaining a new LC (hopefully) I will have to reapply for I-140 as the previous approved one will have to be withdrawn prior to re applying.
3. I'm taking the risk of not getting the new LC or I-140 approved and then of losing my PD (07/05).
4. I will need to prove that my job offer requires an MA (after it had been approved for a BA).
5. My employer will have to undertake to pay me much higher salary under the new PW.
6. I will have to repay lawyer fees and INS fees for the reapplication of LC, advertising and I-140.
Did I leave anything out? I would love to hear from anyone who might have some more info or if you have any recommendation.
Thanks' >Roy.[/FONT][/FONT][/FONT]

[rosatiamo]

Somebody please help! I have a similar situation. I was planning to file PERM EB3 in the end of September when the retrogression thing came out. Now I have put the filing on hold and thinking about filing EB2 instead.

[gc_fever2005]

Hi,

I am in the same situation like you got EB-3 in June uder Perm. But I don't know I will be able to file for EB-2 with the same employer. My lawyer is worst one I ever seen. She said Perm do not allow Multiple filing for same employee from same company. I lost all my hope try to for my labor from March 2003( non rir) Nov 2003 (rir) then Perm Jun, 2005 what next........................don't know.

Originally Posted by royl66

I'm from "other countries" which EB-3 visas have just recently retrogressed and EB-2 visas are still current. I got my LC (EB-3) approved last month under PERM. I continued and filed the I-140 (without I-485 as visas numbers were not available at the time, before the big retrogression), and got it approved too. However, since my PD is JUL'05 I will have to wait aprx. 4.5 years till visas become available. So I'm considering switching to EB-2. I have BA plus 5 years of experience from my home country but I think there are still few obstacles to overcome:
1. I will have to obtain new PW for higher classification (EB-2) and do the whole LC process all over agin.
2. After obtaining a new LC (hopefully) I will have to reapply for I-140 as the previous approved one will have to be withdrawn prior to re applying.
3. I'm taking the risk of not getting the new LC or I-140 approved and then of losing my PD (07/05).
4. I will need to prove that my job offer requires an MA (after it had been approved for a BA).
5. My employer will have to undertake to pay me much higher salary under the new PW.
6. I will have to repay lawyer fees and INS fees for the reapplication of LC, advertising and I-140.
Did I leave anything out? I would love to hear from anyone who might have some more info or if you have any recommendation.
Thanks' >Roy.[/FONT][/FONT][/FONT]

[gc_fever2005]

Originally Posted by gc_fever2005

Hi,

I am in the same situation like you got EB-3 in June uder Perm. But I don't know I will be able to file for EB-2 with the same employer. My lawyer is worst one I ever seen. She said Perm do not allow Multiple filing for same employee from same company. I lost all my hope trying for my labor from March 2003( non rir)then Nov 2003 (rir) then Perm Jun, 2005 what next........................don't know.

[sfmars]

Originally Posted by royl66

I'm from "other countries" which EB-3 visas have just recently retrogressed and EB-2 visas are still current. I got my LC (EB-3) approved last month under PERM. I continued and filed the I-140 (without I-485 as visas numbers were not available at the time, before the big retrogression), and got it approved too. However, since my PD is JUL'05 I will have to wait aprx. 4.5 years till visas become available. So I'm considering switching to EB-2. I have BA plus 5 years of experience from my home country but I think there are still few obstacles to overcome:
1. I will have to obtain new PW for higher classification (EB-2) and do the whole LC process all over agin.
2. After obtaining a new LC (hopefully) I will have to reapply for I-140 as the previous approved one will have to be withdrawn prior to re applying.
3. I'm taking the risk of not getting the new LC or I-140 approved and then of losing my PD (07/05).
4. I will need to prove that my job offer requires an MA (after it had been approved for a BA).
5. My employer will have to undertake to pay me much higher salary under the new PW.
6. I will have to repay lawyer fees and INS fees for the reapplication of LC, advertising and I-140.
Did I leave anything out? I would love to hear from anyone who might have some more info or if you have any recommendation.
Thanks' >Roy.[/FONT][/FONT][/FONT]

I never saw approved PERM for BS/BA+5years in EB2 category only MS + 0 years, it may cause problems + overhead expenses.

Nobody can not guarantee that EB2 will be not retrogressed in November bulletin in this case you/you employer will only waste money.

It can be 2 issues regarding retrogression for EB3 all world:

1. They want to save EB3 visas for nurses (in this case you have small chance to re-file under EB2)
2. They want to cancel employment based immigration (No chances)

[newbies]

Originally Posted by royl66

I'm from "other countries" which EB-3 visas have just recently retrogressed and EB-2 visas are still current. I got my LC (EB-3) approved last month under PERM. I continued and filed the I-140 (without I-485 as visas numbers were not available at the time, before the big retrogression), and got it approved too. However, since my PD is JUL'05 I will have to wait aprx. 4.5 years till visas become available. So I'm considering switching to EB-2. I have BA plus 5 years of experience from my home country but I think there are still few obstacles to overcome:
1. I will have to obtain new PW for higher classification (EB-2) and do the whole LC process all over agin.
Yes But with different job. Not your current one. aka. your employer needs to lie to DOL
2. After obtaining a new LC (hopefully) I will have to reapply for I-140 as the previous approved one will have to be withdrawn prior to re applying.
I don't think you need to withdrawn the old one, but I might be wrong.
3. I'm taking the risk of not getting the new LC or I-140 approved and then of losing my PD (07/05).
Good lawyer can keep your old PD since you have I-140 approved.
4. I will need to prove that my job offer requires an MA (after it had been approved for a BA).
Do you have MA ? If this is a new job (employer needs to lie in here). You don't need to prove for MA, but just BA+5
5. My employer will have to undertake to pay me much higher salary under the new PW.
Yes. They can lie also since it is for future.
6. I will have to repay lawyer fees and INS fees for the reapplication of LC, advertising and I-140.
Most companies will pay for you. Unless ...

Did I leave anything out? I would love to hear from anyone who might have some more info or if you have any recommendation.
Thanks' >Roy.[/FONT][/FONT][/FONT]

[newbies]

FYI. Employee is not allowed to involve in the LC(PERM) process, include hiring lawyer or paying bills. It is the job of employer. Your employer asks you to pay that mean they already lied to DOL.

[royl66]

Originally Posted by gc_fever2005

Hi,

I am in the same situation like you got EB-3 in June uder Perm. But I don't know I will be able to file for EB-2 with the same employer. My lawyer is worst one I ever seen. She said Perm do not allow Multiple filing for same employee from same company. I lost all my hope try to for my labor from March 2003( non rir) Nov 2003 (rir) then Perm Jun, 2005 what next........................don't know.

Well if you believe you can make an EB2 PERM stand - withdraw/cancel your previous one (only if you're sure about it) and apply for the new one. This way you won't have multiple filing for same employee/employer...

[Ilwaiting]

I guess we do not know the validity of both of these statements. We have any concreate evidence to prove or disprove it

1. They want to save EB3 visas for nurses (in this case you have small chance to re-file under EB2)
2. They want to cancel employment based immigration (No chances)

[royl66]

Originally Posted by sfmars

I never saw approved PERM for BS/BA+5years in EB2 category only MS + 0 years, it may cause problems + overhead expenses.

Nobody can not guarantee that EB2 will be not retrogressed in November bulletin in this case you/you employer will only waste money.

It can be 2 issues regarding retrogression for EB3 all world:

1. They want to save EB3 visas for nurses (in this case you have small chance to re-file under EB2)
2. They want to cancel employment based immigration (No chances)

Did anyone hear of an approved PERM EB2 case of BA+5years experience ???

[zbd]

I'm in same situation. Do you believe that attarney could catch to train just before vica retro. for EB-3 if they little bit hurry. Because, ny case was already ready to file to DOL March,28th. Why we all got Lobor just after July 1st which is visa retroression started at.

Or, any way, DOL detained us until July 1st because they knew the retrog. before. Any comments ?

[neha_wal]

what about if you file EB2 with another employer ? can you transfer your H1B to that employer, after I-140 is approved or after 1 year is gone by ? any idea ?