eppo_varum_enGC
Registered Users (C)
unitednations said:I think even if you filed in eb2 category and uscis doesn't agree that it should be in this category they will give you the option to change to eb3. There has been a few posts regarding this type of RFE. When people made the switch they eventually got approved. Right now, eb2-eb3 doesn't really matter because priority dates for all employment based cases are current. This has become an issue because eb3 category may retrogress beginning in Jan. 05. The current speculation is that if the priority date is in 2003 or before people shouldn't be affected by retrogression. Your priority date is going to be the date that labor was filed with SESA (state department of labor). If your priority date is in 2003 or before then the retrogression shouldn't be an issue for you and you need not worry whether you are in eb2 or eb3.
I don't see any reason for amendment of your labor.
Thanks Unitednations & allaboutgc! I am relaxing now. Now I have a quick question. My PD is May 2004. LC may get approved in FEB 2005. For me EB2 or EB3 does not matter. The retrogression will be issue for me if I opt EB3 to file a AOS concurrently with 140. Suppose if I file EB3, what may be the approximate wait time to file 485? Will it be in terms of years? I feel it may be wise to file 485 ASAP to enjoy benefits like EAD,AP & AC21. What is your advise to opt the catagory EB2 or EB3?