Can I file I-140 in EB3 !!

[vinny123]

Hi,
My labor got cleared recently.The qualification were MS +2 yrs or BS + 5 yrs.(EB2 category requirements)

I have a BS and 7 yrs of experience.Can I file for I-140 in EB3 category.The labor is supposed to be filed in EB2 category.Since EB2 in Vermont center is slow can I file it in EB3 category?Will there by any issue from INS since the labor qualification match that of what EB2 requires.

I'll really appreciate it if anyone who is in the same situation can reply !!!

Thanks a lot !!

 

[dazzling]

Hi,
My labor got cleared recently.The qualification were MS +2 yrs or BS + 5 yrs.(EB2 category requirements)

I have a BS and 7 yrs of experience.Can I file for I-140 in EB3 category.The labor is supposed to be filed in EB2 category.Since EB2 in Vermont center is slow can I file it in EB3 category?Will there by any issue from INS since the labor qualification match that of what EB2 requires.

I'll really appreciate it if anyone who is in the same situation can reply !!!

Thanks a lot !!

Why do you want to do that. You should realize the EB2 has a higher preference then EB3. Also according to recent news it is likely that EB3 visas may not be current from Jan 2005 onwards. If that happens, then you will likely suffer because of a visa not being available in EB3. You should always file in the highest category possible.