Application is EB3 and I thought it was EB2 how to check?

K

kiranmm13

Registered Users (C)
Hello All,

This forum has helped me a lot, today me and wife had interview at regional office and it went really good and he said the case looks really good once the visa number are available they will approve the green card right away.

But at the start of interview he said your case is employment based 3 category and i always thought it was EB2 ..so I asked him can you double check and he said yeah it is written here EB3 ...I am surprised because when I applied I had master's degree and 2 years experience so I thought I will always fall under EB2.

Which document will clearly tell me which category I am filed into? I am thinking there was some miscommunication between me and my employer.
My labor was done in March 2006 and 140 was applied in November 2006 and approved in March 2007. Me and wife applied for 485 in the July 2007 fiasco.

If the application he did was really EB3 is there any way to change it to EB2 now, does it mean he filed Labor in EB3 or just 140 in EB3? Does my PD get carried over? and If I want to change it to EB2 what is the procedure and time frame I am looking at ?

Thanks again for everyone on this forum who has helped me a lot.
 
kiranmm13 said:
Hello All,

This forum has helped me a lot, today me and wife had interview at regional office and it went really good and he said the case looks really good once the visa number are available they will approve the green card right away.

But at the start of interview he said your case is employment based 3 category and i always thought it was EB2 ..so I asked him can you double check and he said yeah it is written here EB3 ...I am surprised because when I applied I had master's degree and 2 years experience so I thought I will always fall under EB2.

Which document will clearly tell me which category I am filed into? I am thinking there was some miscommunication between me and my employer.
My labor was done in March 2006 and 140 was applied in November 2006 and approved in March 2007. Me and wife applied for 485 in the July 2007 fiasco.

If the application he did was really EB3 is there any way to change it to EB2 now, does it mean he filed Labor in EB3 or just 140 in EB3? Does my PD get carried over? and If I want to change it to EB2 what is the procedure and time frame I am looking at ?

Thanks again for everyone on this forum who has helped me a lot.
Click to expand...

Check your I-140 approval notice. It depends upon the job posting. Job posting needs to have master's degree as a requirment
 
kiranmm13 said:
Hello All,

This forum has helped me a lot, today me and wife had interview at regional office and it went really good and he said the case looks really good once the visa number are available they will approve the green card right away.

But at the start of interview he said your case is employment based 3 category and i always thought it was EB2 ..so I asked him can you double check and he said yeah it is written here EB3 ...

I am surprised because when I applied I had master's degree and 2 years experience so I thought I will always fall under EB2.
---------------Having master degree or PhD does not make you eligible for EB2 automatically. All depends on what education/experience was asked in LC advertising.
Which document will clearly tell me which category I am filed into?
---------your LC approval copy or I-140 approval notice.
I am thinking there was some miscommunication between me and my employer.
----------------------may be.
My labor was done in March 2006 and 140 was applied in November 2006 and approved in March 2007. Me and wife applied for 485 in the July 2007 fiasco.

If the application he did was really EB3 is there any way to change it to EB2 now, does it mean he filed Labor in EB3 or just 140 in EB3?
--------------------yes, your employer filed LC and I-140 in EB3.
Does my PD get carried over? and If I want to change it to EB2 what is the procedure and time frame I am looking at ?
----------------------- FYI the experience with same employer does not count for EB2.if the job duties are different then employer can file new LC or new employer can file LC in EB2 and I-140 in EB2 and once EB2 I-140 gets approved and I-485 is pending at that time then your lawyer can write to USCIS to approve your I-485 based on second EB2 I-140 approval (by sending copy of EB2 I-140approval) and can also request to recapture PD. If you file second I-140 then write your A# on I-140 form.
Thanks again for everyone on this forum who has helped me a lot.
Click to expand...
----------------
 
Last edited by a moderator:
Hey Kiranmm,

to be precise you can tell if you look at your I-140 - under Notice type/Section box -

- if it says Section 203 (b) (2) & says Mem of profession w/adv deg or excep ability THEN It is EB2
- if it says Section 203 (b) (3) (a) i or ii & says skilled worker/profession THEN its EB3

as for as correcting.. it's too late once i140 approved.. if you want to take adv of eb2, you will have to start all over from PERM, I140 etc.. ONLY thing is you can port your eb3 PD to the new i140 when your new eb2 perm approved.

Hope this helps.
 
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