Can EB category be changed after filing?

U

unfinished_biz

New Member
My 140/EAD/AP/485 was filed concurrently (RD: 4/5/04, ND: 4/7/04).
140 was filed under EB3.
Please add this info to tracker.

I have masters(MBA) from USA and more than 5 years experience.
Although I had asked lawyer to file under EB2, it was filed under EB3.

Is it possible to change the category to EB2 now?

Your time is appreciated.
 
unfinished_biz said:
My 140/EAD/AP/485 was filed concurrently (RD: 4/5/04, ND: 4/7/04).
140 was filed under EB3.
Please add this info to tracker.

I have masters(MBA) from USA and more than 5 years experience.
Although I had asked lawyer to file under EB2, it was filed under EB3.

Is it possible to change the category to EB2 now?

Your time is appreciated.
Click to expand...

It does not matter what your qualifications are. What matters is the minimum requirement for the job as specified in labor certification and whether you meet them. If the minimum requirements are master's degree and if you meet those requirements you can file under EB2.
 
nkm-oct23 said:
It does not matter what your qualifications are. What matters is the minimum requirement for the job as specified in labor certification and whether you meet them. If the minimum requirements are master's degree and if you meet those requirements you can file under EB2.
Click to expand...

Correct. This is specified on form 750A, which constitutes your employer's part of LC. You may like to check it to find out what is right category for you to file!
 
Why do you want to do it? With priority dates current it makes more sense to apply in EB3 then in EB2.
 
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