doubt regarding labor eb2 or eb3.

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rchandran_19

Registered Users (C)
doubt regarding labor eb2 or eb3.

Hi All,

I have a doubt reagrding Eb2, and Eb3, with respect to labor Certification. At what stage one decides to go on EB2 or EB3 path??
The reason why i am asking is; my company has field for my Labor thru PERM...and I want to apply thru EB3 catagory, although Iam eligible for EB2.

I want to get the I-140 thru Premium process, I dont have much time on my H1b(finishing my 6 year term and Labor not filed 365 days earlier).

so, can i decide to apply thru EB3 at I-140 stage OR it shout be done at Labor stage?

Please, anybody out there who know the answer do reply.

Thanks,
Chandran :rolleyes:
 
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You will specify the filing category (EB2 or EB3) in I140 application. Depending on the category, the USCIS will check i) if the orginal labor (also called job offer) will qualify for that category ii) you have all required qualifications that are mentioned in the labor. If these two conditions are met along with comany's ability to pay the proffered wage (mentioned in labor/job offer), your I-140 (immigrant petition) will get approved or denied. I assume even if the labor certification 'allows' you to file under EB2, you may still chose to go for EB3.

Coming to it, how much time do you think will be left with before your H1B expires (after perm approval). These days I140 is getting approved pretty fast i.e., in around 3 months (I got mine in 14 days under EB2) provided you do not give USCIS a reason for RFE with good set of documentation. If you do not have enough time, you can go for EB3 under premium proc. Please note that EB3 PD progress is pretty slow. I am not sure about it and please check with lawyer whether you can re-file it under EB2 after you get ur 3 year ext.
 
I have a labor with EB3 and I140 approved. I got an EB2 labor approved under PERM. Can you please tell me whether I can use the PD of EB3 for filing 485.your reply will be appreciated a lot.
 
Theoritically, after I140 aproval, the PD belongs to you unless the employer revokes it with in 6 months afater approval. Even if you start your GC processing fresh again, you would still be able to use the old PD irresptive of the category i.e., old EB3 PD could be used for new EB2 perm while filing for I140.

This is extracted from Q & A of Rajiv Kanna
CHANGING EMPLOYER AFTER I-140 APPROVAL If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date. If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.
 
I have 9 months left for me to complete my 6 yr term on H1 (including all the recaptured dates). So, I'am applying labor thru PERM EB3...so, that once cleared, (hoping it would not take more than 6 months to get LC), I can apply I-140 Premium processing....then go for the 7th year extension.

I really dont care if i get GC or not...but I want to continue in my project for couple of years and then go back to Ind.
 
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