EB Category

[Doubled]

Hi All,

I would like to start this forum on EB Category. It seems that it's not all clear out there with respect to how someone falls to EB-2 category.

My immigration lawyer determined back in December 2006 that I belong to EB-3 even if I have a master's degree. My profile is the following:

1) Master's degree from a US university in 2002 and BA from a US College in 2000

2) Worked as a professional for 2 years while getting the Master

3) Worked as professional for 2 years and half overseas in mid-level position

4) Returned to US in 2005 on H-1B status. My labor certificate got approved on July 1st, 2006.

It would seem to me that I would belong to EB-2, not EB-3. Can anybody advise? It seems that they are a lot interpretations out there on the EB-2 category.

Thanks.

 

[Mano4GC]

Stay on top of your case

Hi All,

I would like to start this forum on EB Category. It seems that it's not all clear out there with respect to how someone falls to EB-2 category.

My immigration lawyer determined back in December 2006 that I belong to EB-3 even if I have a master's degree. My profile is the following:

1) Master's degree from a US university in 2002 and BA from a US College in 2000

2) Worked as a professional for 2 years while getting the Master

3) Worked as professional for 2 years and half overseas in mid-level position

4) Returned to US in 2005 on H-1B status. My labor certificate got approved on July 1st, 2006.

It would seem to me that I would belong to EB-2, not EB-3. Can anybody advise? It seems that they are a lot interpretations out there on the EB-2 category.

Thanks.

Dear,

You definitely qualify for EB-2. Big mistake he you filed under EB-3. You can always refile under EB-2. What I tell people is to check everything some lawyers do. If I have not checked every single one of filing I will be rejected, or RFEs, because of all the dumb mistakes made while filing. Sometimes they can't report correctly the content of the paperwork you give them.

This forum is very helpful and allows you to stay on top of your case also research. In my case for example SOC code didn't match with job title just to give you an example lots of mistakes like that. Thank God I researched and read a lot about these things that I was able to fix their mistakes. Don't trust 100% I heard some very good but some are source of our misfortunes.

Good Luck,


PD: Current All Forms sent to Nebraska and transfered to Texas within a couple of days.
PERM EB2 Filed 10/05/06, AD: 11/15/06
I-140 RD: 02/20/07;PP; AD:02/28/07
I-131 RD: 03/16/07 LUD: 03/19/07; 03/29/07; 03/31/07; AD: 04/05/07
I-485 RD: 03/16/07 LUD: 04/06/07; 04/07/07
FP ND: 03/26/07 Done: 04/06/07

 

[heresmine]

its the job

While having an MA qualifies you for an EB2 position, it is the job, not the individual that determines the category. If the position requires a BA, it is EB3, regardless of your degree.