I-140 with EB2

sunilg1975

Registered Users (C)
I have a question regarding EB2 and EB3. Actually I joined a compnay in Oct 2000. Prior to joining this company I had 4yrs and 3 months of exp. with BS(Computer Sc).
My company filed my labor in EB2 and EB3 both in Mar 2002. EB2 case was transferred from state to DOL in feb 2003. Then my compay asked me to replace this EB2 with EB3 in DOL. It means EB2 case was withdrawn and EB3 was going on. yesterday my company's lawer told me that they got my EB2 labor approved. So I am not sure how come withdraw case got approved. Now my lawer is saying that filing 140 with EB2 may be risky as I had BS + 4 yrs and 3 months ex. (Not 5 yrs) before joining the company. But my question is it the 5 yrs exp. required before joining the company or before filing the labor? Also when EB2 case was filed on my behalf and its got approved by DOL...is there any chance of I140 deny reagarding EB2 issue?

I would really very thankful to u if anyone can provide these information to me.

Thanks
Sunil
 
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