EB2 or EB3 or GC in danger?

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confused_newbie

New Member
Is my GC in danger? Gurus pls help. Have a meeting with my HR tomorrow.

Dear All,

Part 1:

I need a few clarifications that could help me. Some background information:
1. I joined my company (profitable, >1000 employees) on Septemeber 24th, 2001.
2. At the time of joining I had completed all course requirements for my master's (28 course credits, 6 research credits, 6 Thesis credits before I got the job). However, I made my thesis presentation only in April 2002 (6 months after I joined the job) and subsequent to that I got my Master's degree in May 2002.
3. Can I now choose to require Master's in my PERM application? If not what could help my case? (I had finished all my courses and was among the top 3 in my batch, I had published peer reviewed conference papers that formed the core of my thesis, much before I got the job)

_________

Part 2:

Are "Matter of Katigbak" and "Matter of Wing's Tea House" applicable to PERM labor filings too? If that is the case, and at the time of filing the immigrant visa petition wouldn't I have the minimum requirements for an EB2 met.

_________

Part 3:

A colleague of mine who got his labor approved had mentioned Master's as a requirement for the job in his PERM applications (in Dec 2005). Would that mean that I cannot file for a labor application that only requires a bachelor's for the same job?

_________

Part 4:

The above mentioned colleague has now quit his job. Now the company plans to hire a new person to fill the vacancy. Would the ad that they put out conflict with mine? Would it not be ironical if they managed to find a person to fill my ex-colleagues position with a Master's candidate but they can't find someone to satisfy my labor ad.

Sorry for making this a long post, I'm hoping some of you in the know will help me clear this up.

And BTW I have 1 year and 10 months left in my H1B visa.
 
Last edited by a moderator:
refile from EB3 to EB2

I work in a mid-sized CPA firm as a senior accountant. The job requires a Bachelors degree and 2 years experience. I have a MBA degree. I had filed for labor and then I-140 under EB 3 category since the job does not require Masters degree. Is it possible to file for GC under EB 2 from my same employer but still keep my approved I-140 under EB 3? I don’t want to lose the security of an approved I-140 (priority date is Jan, 2006). EB 2 visa numbers for ROW is now current so I want to take advantage of that. I did get promoted this year so my position does require Bachelors and 3 years experience. I believe that the Manager position requires Bachelors and 5 years expeience. There is a good possibility that I will become a Manager in 2 years. Thanks in advance for your advise
 
Pyro -
The job needs to require a master's degree or 5 years of exp PRIOR to joining the company. In your case, if the manager position requires a Master's, then you will be fine.

And yes, you can keep your PD from EB3 if you decide to go with EB2. Watch out though, no one will know what the PDs will be two years from now.
 
ImmigraBoy said:
Pyro -
The job needs to require a master's degree or 5 years of exp PRIOR to joining the company. In your case, if the manager position requires a Master's, then you will be fine.

And yes, you can keep your PD from EB3 if you decide to go with EB2. Watch out though, no one will know what the PDs will be two years from now.
Click to expand...

If this is the case then does an applicant has to go through the entire labor approval process again before filing for a new140-EB2 even though he or she holds an approved 140 Eb-3?
 
Confused -
I am sorry I prefer not to comment on posts that I am not 100% positive about. I am under EB3, so I don't know the intricate details as to what happens when Master's graduation times vary. I just know that you have to have one by the time of Labor application, if the job requires one.

Amer -
Yes, the applicant would have to go thru the entire process again. But he/she would keep their original PD.
 
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