EB-3 to EB-2 (just filed labor)

tantric

New Member
Hey everyone,

I am new to this process and so my questions may seem naive, please bear with me.

I joined my current company 1.5 years back after completing a Masters Degree in Computer science.

(My country of birth is: INDIA)

My labor certification was filed (through PERM) one month back, on Aug 15th 2008. The minimum requirements of the job position under which it was filed was: Bachelors + 2 or Masters.

Only last week I found out that my application falls under EB-3 and not EB-2. I think there is a big difference in the PD's of EB-2 and EB-3 for India and so I want to try and switch to EB-2. I am trying to find out how to go about doing that.

Question-1 How to go about it ?

(1) File a new labor application under a position that requires Masters or Bachelors + 5. In this case what happens to my current application, do I need to withdraw it ? I guess I will need to ask my manager to put me in a position which requires BS+5 or MS. And then file labor again under this new position.

(2) Get Labor approved for EB-3, but file I-140 under EB-2

(3) Get Labor approved for EB-3, get I-140 approved for EB-3 and then switch to EB-2

Question-2 I understand that my PD is when the state agency receives my labor application ? What will be my priority date if I file a new labor.

Question-3 This is a little confusing question. Why does my HR keep asking me if I am going to be promoted any time soon ? Let's say I was hired for position-A which requires BS+2 or Masters. Now I am being moved to position-B which required BS+5 or Masters. So, both positions accepts Masters. I have Masters degree, that means I could have joined position-B right from start. Why do I need to be promoted ?

I will really appreciate any help from you guys.

Any from of advice will be great !!

Thanks in Advance !
 
tantric
The best course for yourself should be withdraw the filed labor certification and refile with 1 primary job requirement (masters plus 0 experience EB2). Justifying primary and secondary requirements (bachelors plus 2 OR masters) is a very tough balancing act according to DOL and USCIS definitions.
 
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