Eb2 140 approval chances

sri0202

Registered Users (C)
My labor was filed in July under EB2 category and approved in 10 days and I filed my 140/485 at NSC.I have bachelors and 5 years of experience. and requirements on labor is also BS + 5 years of experience. and title is Sr. Programmer Analyst.

If by any chance If NSC says I am not qualify under EB2. Do they ask my employer to file my 140 petetion under EB3 or simply they will reject the application?

Here are my details:
LC PD: JUL 2007
Category: EB2
140/485 filed at NSC: RD AUG 2007
EAD: Received card
AP: not approved yet

Thanks much,
Sri
 
If you have bachelor's degree (equivalent to U.S. 4 years degree) you should be okay.

You will be asked to refile in EB3 only if you qualify for the job mentioned in the LC, but the job description itself does not qualifies for EB2.
 
Thank you.

I have Bachelors(4 year) degree with 5 years of exp. My education,experience and skills qualifies the Labor job requirements.

Can you please explain the underlined line.

You will be asked to refile in EB3 only if you qualify for the job mentioned in the LC, but the job description itself does not qualifies for EB2.

Thanks a lot.
sri
 
Sri0202,
I can say I am in kind of similar boat. My PD is Jun 04. Got my labor approval (EB2 with Masters degree course completion. Not degree completion) some time in Sept'06. Now I received RFE for I140 asking me about the degree which I dont have (for some reasons). My lawyer is asking USCIS to convert it to EB3. I will let you know what the USCIS decision is. I have a 4 yr bachelors from India (equ. to US)
 
Thank you and Please update me

Thank you and Please update me once you hear anything from USCIS.
 
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