can file EB2 and EB3 from the same labor certificate?

D

divakarR

Registered Users (C)
Hello,

My labor certificate requires BS+5 yrs experience. My current H1b is going to expired on 11/06/2006. My attorney told me that he is going to apply EB2 and EB3 from the same labor certificate at the same time. Can you do that?

Thank you very much!
 
I think noone can do that. you need to pick one. you can easily extend your visa for 3 years if you have 140 approved. I just got the app. last week.
 
divakarR said:
Hello,

My labor certificate requires BS+5 yrs experience. My current H1b is going to expired on 11/06/2006. My attorney told me that he is going to apply EB2 and EB3 from the same labor certificate at the same time. Can you do that?

Thank you very much!
Click to expand...


Try exploring that option. I do not think(IMO) there is any regulation that restricts a person from applying two 140s (Eb2 & Eb3) using one labor.

However, at the time of filing 485, one can attach only one 140 and let go of the other.

In the final adjudication state, (labor + 140 + 485) is evaluated together to make a final decision on GC approval. Although we play around with 140s to get to that point. Choosing the approirate one is very important at 485 stage. If there are any lingering thoughts wrt EB2 I-140 etc, go with safe EB3 route.,

Again, this is my opinion based on what I read a couple of years ago. Chinese immigration community did that a lot when they were hit with retrogression a decade ago. Some lawyers even changed underlying 140 by replacing with a different category 140.

No guarantee. Ask around.

Good luck!
 
Thanks,

My attorney told me the same story. She told me that she practiced this option last year and got both EB2 and EB3 approved.

I will go for it.
 
Dear divakarR,

I am not sure how it does work out as you may only one approved LC. Does your attorney mean file 2 I-140 application, one for EB2, another one for EB3?

Or file just one I-140 application, for both EB2 and EB3 categories?

I understand that "My attorney told me the same story. She told me that she practiced this option last year and got both EB2 and EB3 approved." Did she mentioned with you or did you discuss with her that whether the chance of EB2 denial and EB3 approval?

I also have similar case. My company's HR lady told me simliar things. But I am confused.

Please advise. Thanks!
 
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