Changing Category - EB3 to EB2

maheshcr

Registered Users (C)
Below was submitted to the CIS in response to my I-140’s RFE and my I-140 is already approved. Since my I-485 is pending, will I be able to change my EB3 category to EB2?


Mr. XXXXX attained the equivalent of a Master of Science Degree in Information Technology from an accredited institution of higher education in the United States.
 
not so easy

maheshcr said:
Below was submitted to the CIS in response to my I-140’s RFE and my I-140 is already approved. Since my I-485 is pending, will I be able to change my EB3 category to EB2?


Mr. XXXXX attained the equivalent of a Master of Science Degree in Information Technology from an accredited institution of higher education in the United States.
I don't think it will be easy to do so. Whether EB2 or EB3 is determined at the Labor Certificate stage. When you apply for I-140 you are required to enclose the labor cert, which should support your claim of EB2 or EB3 in the I-140 application form (that is, if you apply EB2 in I-140, your labor cert should say sth like "require advance degree, or bachelor w/ 5+ year experience" or the like; similar to EB3)

In short, changing from EB3 to EB2 will require a new I-140, which will require a new Labor Cert, which is almost impossible from the same employer (DOL does not allow multiple labor cert from the same employer for the same applicant).
 
It may be possible, only if your LC requires MS or BS+5yrs experience, and by mistake your lawyer selected EB3 instead of EB2.

It is not possible in this stage to convert into EB3, though you had MS before filing the LC and LC does not requires it.
 
Top