Can I go for EB3 with a Preapproved Labor( Master Degreee+ 1 Year Exp)

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bmkip

Registered Users (C)
For oblivious reasons I want to file my I140 in EB3 at Vermont though I have all the qualifications to file under EB2. My Labor Substitution(Pre-approved Labor) has Master Degree + 1 year exp and my question is can I file in EB3 instead of EB2.

Any inofrmation will be appriciated!
 
I have done similar thing. Used a substitute labor for EB3 when I could have qualified for EB2. My Company Legal dept. said that the position didn't require a Masters Degree and EB3 is the uniform way they followed for all the Consultants (may be to lessen the paperworks for them). Moreover, all the priority dates (for EB2 and EB3) were (and still are) current at that time. So there was no obvious advantage for EB2.
Priority dates may go back for EB3 in 2005, some recent rumors suggest so. At that point, it may have an impact.
 
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