EB2 Job Requirement / LC filed under EB3??

[gumnam_guy]

Job Advertisement posted by my company said "...MS+1/BS+5...".

When my lawyer filed LC, The minimum educational qualifications, he specified was BS and Experience of 2 yrs...

Labor has been approved.

In I-140, can we file it under EB2 instead of EB3?

Please advise....

Thanks,
-Gumnam

 

[PainfulGC123]

Job Advertisement posted by my company said "...MS+1/BS+5...".

When my lawyer filed LC, The minimum educational qualifications, he specified was BS and Experience of 2 yrs...

Labor has been approved.

In I-140, can we file it under EB2 instead of EB3?

Please advise....

Thanks,
-Gumnam

What your lawyer stated on your LC (ETA 750A Item14) matters. You cannot file under EB2 at 140 stage since your lawyer mentioned BS+2 is the minimum requirement. You have to file under EB3. See EB2 Equivalency Memo below:
http://www.immigrationlinks.com/news/news215.htm

 

[tammy2]

Job Advertisement posted by my company said "...MS+1/BS+5...".

When my lawyer filed LC, The minimum educational qualifications, he specified was BS and Experience of 2 yrs...

Labor has been approved.

In I-140, can we file it under EB2 instead of EB3?

Please advise....

Thanks,
-Gumnam

If you try to open that issue it can cause some more problems. USCIS/DOL may question you back saying Why did you give advertisement for 5 years experience when you really wanted person with two years experience?

 

[VAhoper]

EB3 or EB2, what stage is this determined

When I originally filed my LC (3 years ago), my lawyer told me I would be EB3. The reason he gave is that the salary I made didn't justify me to be eb2.

But when we put out the ad, the ad said master's degree requirement and on the labor form line14, it had MS + 0 year. Also, in the past 3 years my salary have increased quite a bit. I'm pretty sure whatever the "EB2" salary my lawyer talked about (although from chatting with my friends, in the traditional Labor process salary doesn't seem to play a role in deciding eb2 or eb3?)

My question is: Can I file EB2 instead of EB3 when I file I140 after I get LC approval? At what stage is this determined on paper? LC or I140?

I would appriciate any input on this!