Can EB3 labor be used to file 485 in EB2 category?

[gcstatustracker]

Hi,

I EB3 labor got approved. I have MS from here and 10+ years of experience. Is it possible to file my 485 in EB2 category?

Thanks.

 

[bigboy00]

Hi,

I EB3 labor got approved. I have MS from here and 10+ years of experience. Is it possible to file my 485 in EB2 category?

Thanks.

No. Your LC job requirements fixes your EB category, it appears on your I-140 approval notice and you have to use the PD accroding to that EB category (and for you it is EB3).

 

[manwithnoname]

Hi,

I EB3 labor got approved. I have MS from here and 10+ years of experience. Is it possible to file my 485 in EB2 category?

Thanks.

Employment category is determined at the time of LC. Therefore this cannot be changed. Moreover merely possessing the necessary qualifications wont suffice unless your employer justifies them with their job requirements.