Change approved 140 from EB3 to EB2

1

140downgctogo

Registered Users (C)
I got my 140 approved today.
But my lawyer submitted on EB3 although the labor is approved for EB2.
I had 4yrs BE and 2 yrs MBA and 4 years expereince when I filed for labor certification and PD is August 2002.
I wan to know if I can change my category to EB2 so that I can avoid retrogession...will it really help speed up the 485 process?
I already lost 8 months due to Atlanta DOL goof up of my application.
Any suggestions to speed my process.
 
Having 4yrs BE and 2 yrs MBA and does not automatically qualify you for EB2. This depends on the job requirement on the LC. WHat is the requirement on the LC ?
 
LC (uncluding job advertisements)was created and applied for me based on my experience and approved by DOl as EB2.
Then the lawyer applied in EB3 category for I140. I came to know only after RFE.
Any suggestions.
 
Labor approval does not mention EB2 or EB3 anywhere explicitly. Do you have your ETA 750A with you ? If so look for what is written in block 14. This determines your EB2 or EB3 category

If you are certain your LC is under EB2 and your employer has already filed for EB3-140, I do believe you there is a way to file another I-140 under EB2...
 
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