Did my lawyer screw me up in EB-2 vs EB-3

A

akela

Registered Users (C)
Guys,
Please answer me the following question?

I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
Did my lawyer blunder or I am ok?

Thanks in advance,
Akela
 
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Be very careful

I have a Masters Degree too. I repeatedly told my lawyer to apply in EB2 category when I filed in 2002. He messed it up completely by applying in EB3. He just screwed up everything. They have to mention Masters + experience in the 750 form.
 
My lawyer (Fragomen - a big firm), though say that they applied in EB-2??

So what's going on
 
Lawyers = Liers (Not all...Most of them)

My attorney also f....d me. He lied to me that I was filed under EB2 but lately I learnt that he put me in EB3. When queried many times, he is just keeping quiet.

Becareful with them. Better to choose a separate lawyer than who is having close relations with employer. These are hardest times for Legal immigrants. You are just one case to Layer and employer will have more say with him as he can give more business to them. So they are biased and obtuse.
 
Unless, you guys had a chance to see the first page of LC (ETA750A) where they mention educational/experience requirements, you have to belive what your lawyer says. Even if LC requirs EB2 requirement, there was a great chance that your lawyer might have filed 140 in EB3. The best way to check this is by looking the 140 approval notice.

In my case, though my LC was filed with EB2 requirement, my lawyer told me that he will file 140 in EB3, becuse at that time both EB2 & EB3 were current. When retrogression kicked in EB3, I asked my lawyer about my pending LC and what was his plan. He told that, since I do not have MS he wont file in EB2, though my LC requires BS+5 yrs experience. When my LC got approved, EB3 become unavailable, therefore we were forced to file in EB2 and got approved in same.

Therefore, get the copy of 140 approval notice, if it was already filed, or get the copy of first page of LC to verify the actual requirements.
 
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Look at the receipt notice

Hi, actually, you don't have to wait until your I140 is approved to know under which category your case was filed. Just check the receipt notice and look under "notice type". Usually, it'll say "I-140 Petition for Alien Work", followed by the section number of the Immigration and Naturalization Act. From there you'll know if it's EB2 or EB3. If you don't have a copy of the notice, call USCIS, give them the receipt number, and tell them that you need a "courtesy copy" of the notice, they'll print one and send it to you because you the beneficiary are entitled to get info like that. In the case that your employer or lawyer is not even willing to give you the receipt number, there's little you can do.
 
Eb2/eb3

Guys,

With PERM is there a way to check whether its EB-2/EB-3.My job requirement is it should have Bachelors with 5 years exp or Masters with 2 years exp.This is what my Employer said and thats the requirement they used to file for PERM.Is this sufficient to tell its EB-2?

Thanks
SriRam
 
My labor is not cleared yet. So no way to check I-140.
I know few things
ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.

Thanks,
akela
 
Akela:

Can you tell me how one form can be filed under 750 A and other in 750B. Since you did not have your I140 Approved there is no way to know.

I am still confused how 2 forms can be different??

If so look at that Approved I140. On the right hand side corner they mention:

Notice Type: Approval Notice
Section: Mem or Profession w/Adv Deg. or of Exceptn' Ability Sec. 203 9b) (2).

If you have this then you are fine. Please check your I140 Ability.

Regrads
 
akela said:
My labor is not cleared yet. So no way to check I-140.
I know few things
ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.

Thanks,
akela
Click to expand...

Akela

I recently got my EB2 I-140 approved. In my LC 750-B form, the section 14 is documeneted as "To be submitted to USCIS with I-140 immigration petition".

Hope this information helps
 
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