EB3 to EB2 risks

R

ramesur

Registered Users (C)
LC Filed on 7/18/02 (EB3)
LC Approved on 4/7/06
Place of Birth : Dubai, Nationality (INDIAN)
EB3 under WorldWide quota is having it's PD 5/01
Lawyer recommends waiting a month to see any improvement in dates before filing I-140.
Else, wants to convert me from EB3 to EB2 and do concurrent filing as EB2 is current in WorldWide quota.

My question is - Are there any risks in doing EB3 to EB2 ? What happens to my PD of 4/7/06 if I-140 is filed under EB2. I do have the necessary experience and can provide 5 yrs experience letters.

Please advise if I should try that route or be safe with filing I-140 now and waiting until dates become current before filing I-485.

I'm new to this and will appreciate your response

Thanks
 
i did the same thing and got an RFE...it all depends on the position that you advertised for....not on your qualifications...but do u got to lose...try EB-2, get a RFE and get it amended to EB-3
 
ramesur said:
LC Filed on 7/18/02 (EB3)
LC Approved on 4/7/06
Place of Birth : Dubai, Nationality (INDIAN)
EB3 under WorldWide quota is having it's PD 5/01
Lawyer recommends waiting a month to see any improvement in dates before filing I-140.
Else, wants to convert me from EB3 to EB2 and do concurrent filing as EB2 is current in WorldWide quota.

My question is - Are there any risks in doing EB3 to EB2 ? What happens to my PD of 4/7/06 if I-140 is filed under EB2. I do have the necessary experience and can provide 5 yrs experience letters.

Please advise if I should try that route or be safe with filing I-140 now and waiting until dates become current before filing I-485.

I'm new to this and will appreciate your response

Thanks
Click to expand...
If you try that way, DO NOT USE YOUR EAD (if you plan to apply one). By the time you use the EAD, H1B will be invalid. By the time, you receive RFE and convert to EB3. Your I485 is invalid and also your EAD -> you will become illegal.
 
kae_jolie said:
It becomes invalid only if they cancel the I-485...please verify what you post before posting it.
Click to expand...

If he applied for for both i-485 and i-140 concurently based on eb2.

Doesn't it mean if his i-140 has to be refiled on eb3, he technically is not eligible for ead yet as the 485 is not current? Will it make him out of status, I am not sure.
 
there is a guy on this forum, called dcmetro, they amended his to EB-3, but didn't cancel his I-485 or EAD or AP....they are bunch of morons who do things haphazardly.
 
need help - EB2/EB3 ?

Date of Graduation: Oct 2001 (date on degree cert)
Date eligible for Graduation: Dec 2000

Work Experience
Jan 2001 - May 2002 Emp #1 (non-US exp)
June 2002 - July 2004 Emp #2
July 2004 - Dec 2005 Emp #3
Dec 2005 - present Empt#4

My lawyer initially told that I will be eligible to apply for EB-2 but now he leaning towards EB-3 beacause my date of graduation on my Degree Certificate is Oct 2001, even though I graduated in Dec 2000.

I guess the bottom line is how can we prove to USCIS that I graduated in Dec 2000, rather than Oct 2001, when all the documents say Oct 2001 is the graduation date ?

Please advice... its urgent
 
Eb2/eb3

I was in similar situation as you when I filed my pre-PERM LC in March 2005. I finished my degree requirements in Dec 1999 but actual degree was awarded in June 2000.

My lawyer suggested getting a letter from the university saying "all degree requirements" were completed in Dec 1999 and then use this letter while filing I-140. I am waiting for my LC approval and would then file EB2 I-140.

Its important to check your LC and find out if your job requirements in the LC qualify you for EB2/EB3. If your LC says "Masters or Bachelors+5 years experience" then you qualify to apply for I-140 in EB2. You can take a risk by filing I-140 in EB2. Sometimes USCIS issues an RFE for a I-140 EB2 and may give you an option to switch to EB3.

I would suggest you talk to your lawyer about these options. Good Luck.
 
Eb2/Eb3

mission_us said:
I was in similar situation as you when I filed my pre-PERM LC in March 2005. I finished my degree requirements in Dec 1999 but actual degree was awarded in June 2000.

My lawyer suggested getting a letter from the university saying "all degree requirements" were completed in Dec 1999 and then use this letter while filing I-140. I am waiting for my LC approval and would then file EB2 I-140.

Its important to check your LC and find out if your job requirements in the LC qualify you for EB2/EB3. If your LC says "Masters or Bachelors+5 years experience" then you qualify to apply for I-140 in EB2. You can take a risk by filing I-140 in EB2. Sometimes USCIS issues an RFE for a I-140 EB2 and may give you an option to switch to EB3.

I would suggest you talk to your lawyer about these options. Good Luck.
Click to expand...

I am in a similar situation where my LC is already approved in Eb3. Is your LC filed in Eb3 too and you are trying to apply I-140 in EB2? I am wondering if I can file I-140 in Eb2 or have to start RFE, LC all on EB2 from the beginning. I think I am eligible for EB2 because I finished my BE in 1997 and have 7 1/2 years(total- India and US) experience.

Please help.

Thanks,
Praveen
 
can a EB3 PD is transferrable to EB2 (for both intracompany & inter company transfer) ? can you transfer teh PD before 140 approval ?

pls calrify.

kae_jolie said:
i did the same thing and got an RFE...it all depends on the position that you advertised for....not on your qualifications...but do u got to lose...try EB-2, get a RFE and get it amended to EB-3
Click to expand...
 
Is it possible to switch from EB3 to EB2 after labor approval and before I140

This could be a stupid question but I will ask anyway.

I got ( atlast ! ) my labor certification and am getting ready to file for I140. My labor application details:
Priority Date: Oct 2003
Approved : May 2006
Category : EB3 using RIR
I joined the company in 2002 and graduated with a Masters Degree in 1998. I always thought that mine should have been a EB2, but didn't know the difference back then.

Anyway, is it, at all possible to change category to EB2 while applying for I140, of course without starting the labor application all over again. I got the impression from this thread there seems to be a way to do that. Could anyone please elaborate, including the downside..and any other smart thing to do while starting the I140 journey.

Any response much appreciated.
 
You have a similar scenario as mine. My PD Sept 03. I always thought I was EB2, so when I got my LC approved last November, I applied as EB2. I got an RFE and they amended it to EB2. If your LC is EB3, forget it. If you want to go EB2, you have to start over again....remember the US immigration motto: "1 step forward...10 steps back...."

Anyways, I am in a messed up situation, since I applied concurrently for 140 and 485 in EB2 category, then my 140 got amended to EB3, so I don't know what will happen to my 485 application...is it going to be pending? cancelled? or what? No one seems to know....The thing is when I applied in January 2006, the EB3 category for whole world was not current but the EB2 category was. So, if anyone has an answer for this or can direct to an entity that can answer this, please do.

Thank you.
 
Approved EB3 to PERM EB2

OK, thanks.
So are you saying that once you got your EB3 Labor approved, you got EB2 Labor in PERM and kept your old Labor ( EB3 ) priority date ? If so, did you have to advertise and follow the entire process ? Do you know if the educational and experience requirements for EB2 are taken from the date of start of employment, EB3 labor PD date or current date ? In case the new EB2 gets rejected, do I get to keep the EB3 PD and continue the process ?

thanks again.
 
I haven't applied for PERM, yet. I am thinking about doing that...actually even though my LC was EB3, I applied as EB2 but it got amended to EB3...

You ask a very good question about if PERM gets rejected what happens to your other 140, I think you should be fine, but you still need to consult with a lawyer.
 
EB3 to EB2

Hi,
I have the same question too.
EB3 labor PD 05/03
Labor approved : 09/05
140 approved : 04/06

But since i am stuck with retrogresion in EB3 i am asking my lawyer if we can transfer to EB2. Graduated in '93 and have more than 12 yrs of relevant experiece. Now my position has also changed in the company and have a much higher level title and responsibilties.
Can I apply for EB2 too and still keep my originaql PD?
Do we have to go through the entire process? 6 months of advertising, interviews and then labor in PERM?

any response is much appreciated. THANKS
 
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EB3 to EB2 -- LC and I140 approved in EB3

To activex111,

You and I are pretty much same like degree completed 1993, etc. My labor and I140 are approved in EB3. Now I want to switch to EB2.

Do I have to do Labor and I140 again?

Perm possible? If Perm, can I carry my EB3 priority date (Aug 2002)?
 
L

Is there anyone with the similar advertisement as mine below filed EB2?

"B.A Degree in Economics or Business Adm. With two years experience in job or M.B.A in Economics or Business Adm. With 1 year prior experience in job."
 
LC Advertisement

Is there anyone with the similar advertisement as mine below filed EB2?

"B.A Degree in Economics or Business Adm. With two years experience in job or M.B.A in Economics or Business Adm. With 1 year prior experience in job."
 
Urgent help

My labor is approved from BEC. its in RIR category. the labor is for BS+5 yrs+4 months experience.i have masters and 7 yrs experience.But my dilemma is I am ready to file 140 and my HR says its EB3 .I am from world wide category and i am eligible to file 140/485/ead/ap if its EB2. The experience shown is progressive too.But my first year of experience is in my final year BS.In any case apart from that i can show 5 yrs of progressive experience .Will taht be considered progressive even tho its in my final year BS.
Also can i push my lawyer to file in Eb2 and see if i am approved in premium processing .If not proceed Eb3 and file for PERM Eb2 labor and proceed.Any inputs.
My labor although has details of my Masters as my qualification not a requirement for labor. Is it understood that its BS+5 yrs or MS+0 or it shud be specified in labor. Becoz my labor doesnt specify that.Although in column called aliens background it has details of my BSand MS.yes i will push my lawyer to do that.So it will not matter whether the first experience is my final year BS.Will it pose a problem?if it does also i have experience apart from that which still meets the labor requirement.Any inputs.
 
These two must be independently satisfied.
1. The applicant should have the min. qualification and experience that is mentioned in labor form ETA 750 - item 14 and 15. The applicant can have more experience, but not less. This is irrespective of the category you are filing in. If the labor only says BS+5, then applicant should have min BS with 5 years of experience and having just MS+0 would not satisfy though according to USCIS, MS may be equivalent to BS+5

2. In order to qualify for EB2, the labor must require minimum of either Masters or B.S. with 5 years of post bachelor experience. Some times, in order reduce the number of qualified applicants to filter, some labors ask for more than min. experience or qualification. But the key is minimum MS+0 or BS+5.

For more information, please refer to the thread.
http://boards.immigrationportal.com/showthread.php?t=225798

Chocolate said:
My labor is approved from BEC. its in RIR category. the labor is for BS+5 yrs+4 months experience.i have masters and 7 yrs experience.But my dilemma is I am ready to file 140 and my HR says its EB3 .I am from world wide category and i am eligible to file 140/485/ead/ap if its EB2. The experience shown is progressive too.But my first year of experience is in my final year BS.In any case apart from that i can show 5 yrs of progressive experience .Will taht be considered progressive even tho its in my final year BS.
Also can i push my lawyer to file in Eb2 and see if i am approved in premium processing .If not proceed Eb3 and file for PERM Eb2 labor and proceed.Any inputs.
My labor although has details of my Masters as my qualification not a requirement for labor. Is it understood that its BS+5 yrs or MS+0 or it shud be specified in labor. Becoz my labor doesnt specify that.Although in column called aliens background it has details of my BSand MS.yes i will push my lawyer to do that.So it will not matter whether the first experience is my final year BS.Will it pose a problem?if it does also i have experience apart from that which still meets the labor requirement.Any inputs.
Click to expand...
 
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