Can I have my company file EB2?

F

FLM

Registered Users (C)
Hello,

My company insists of filing EB3 because my minimum job requirements are bachelor's degree + 2 years of experience. I qualify for eb2 based on fulfilling three conditions- I have bachelor's degree, licenses to practice profession (CFA, Series 7) and I am a member of professional organizations (CFA Institute, NYSSA). They don't want to listen that I satify the exceptional ability requirement - for them the minimum job requirement is what matters.

How can I have them file EB2?

One more question - I am now on the sixth year of my H1B, I know that H1 can be extended only one more year however my company's legal counsel is saying that if my I-140 is filed they can request an H1B extension for another three years (making it nine in total???) is this true?
 
If you do not file yur Labor Cert (PERM) by the end of 5th year you will loose your chance to renew yur H1 beyond 6th year (even a year).

It is very clear your company does not want to file EB2 because they do not want to pay you higher salary. (EB3 lesser salary - job requirements is less your exceptional exp is not required though you have it) So you can not convince them to file EB2. File EB3 fast before you loose your time.




FLM said:
Hello,

My company insists of filing EB3 because my minimum job requirements are bachelor's degree + 2 years of experience. I qualify for eb2 based on fulfilling three conditions- I have bachelor's degree, licenses to practice profession (CFA, Series 7) and I am a member of professional organizations (CFA Institute, NYSSA). They don't want to listen that I satify the exceptional ability requirement - for them the minimum job requirement is what matters.

How can I have them file EB2?

One more question - I am now on the sixth year of my H1B, I know that H1 can be extended only one more year however my company's legal counsel is saying that if my I-140 is filed they can request an H1B extension for another three years (making it nine in total???) is this true?
Click to expand...
 
EB3 and EB2 are based on job description, NOT on candidates credentials.

You can get 3 years H1 extension if your i140 is approved and you cannot file 485 due to retrogression.

FLM said:
Hello,

My company insists of filing EB3 because my minimum job requirements are bachelor's degree + 2 years of experience. I qualify for eb2 based on fulfilling three conditions- I have bachelor's degree, licenses to practice profession (CFA, Series 7) and I am a member of professional organizations (CFA Institute, NYSSA). They don't want to listen that I satify the exceptional ability requirement - for them the minimum job requirement is what matters.

How can I have them file EB2?

One more question - I am now on the sixth year of my H1B, I know that H1 can be extended only one more year however my company's legal counsel is saying that if my I-140 is filed they can request an H1B extension for another three years (making it nine in total???) is this true?
Click to expand...
 
Job description can be easily changed/modified to accomodate EB2, if employer wants to do that.

Chicago Desi said:
EB3 and EB2 are based on job description, NOT on candidates credentials.

You can get 3 years H1 extension if your i140 is approved your LC must be a year old some of the EB2 and EB1 does not requires LC at all, in this case I 140 must be a year old or I 485 EAD is issued. and you cannot file 485 due to retrogression.
Click to expand...
 
Last edited by a moderator:
Here there is no fraud involved, if employer willing to pay the salary required for EB2, then what the heck can DOL check.
Most of the cases EB2 opportunites diminished due to employer does not want to pay huge amount.




Chicago Desi said:
In some cases, yes. But if DOL suspects a fraud, you know what can happen.
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Yes, DOL has little control at LC. But I have read posts about EB2's getting denied or demoted to EB3 at 140 stage. So over all, yes it can be done if there is nothing fishy otherwise face issues.

great guru said:
Here there is no fraud involved, if employer willing to pay the salary required for EB2, then what the heck can DOL check.
Most of the cases EB2 opportunites diminished due to employer does not want to pay huge amount.
Click to expand...
 
Yes, you can obtain a 3-year extension based on an approved I-140. And it's true that the decision is made by the company based on the requirements for the position, the salary, your credentials, etc. Why not get your EB3 I-140 approved and then go to a new company who is willing to file EB2 and do a re-capture of the EB3 priority date? Please note for this you will need to obtain a copy of the I-140 approval notice.
 
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Chicago Desi said:
Yes, DOL has little control at LC. But I have read posts about EB2's getting denied or demoted

YES, because candidate made up thier experience, false exp certificates, evaluate Bachelors with exp as Masters etc. Not because of the job requiremetns.

to EB3 at 140 stage. So over all, yes it can be done if there is nothing fishy otherwise face issues.
Click to expand...
 
EB2 or EB3?

I am currently on my 5th year of my H1B and would like to go to the next step of getting a GC through PERM. However, I have a question on whether I should apply for EB3 or EB2.
I have a bachelor degree and currently pursuing a Master Degree. I have 5 years experience from the same company since I got my EAD.
My lawyer said that I can only apply for EB3, since I only have a bachelor degree, but a friend of mine suggested me to apply for EB2, because she applied it in the same condition as mine.
She went for EB2 + 1 year experience, eventhough she is only half way through her master degree and has 2 years experience from the same company since she got her EAD. Her I140 had been approved and she had done finger printing a few days ago.
I don't know whom to believe, I know lawyer should have more experience in this stuff but in other case I want my case to be approved faster by applying for EB2 instead of EB3. Any suggestion?
 
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