EB2 or EB3??

R

Robert8

Registered Users (C)
my friend's position requires a Master degree, yet her lawyer marks Item E of part 2 on the I140 form (which is EB3), is this a mistake or a trick?

It is widely believed that a position require a Master degree (which is an advance degree) belongs to EB2!!

would any guru comment on this.

Thanks a lot
 
follow-up question

if this is a mistake, what might be the consequence?(in fact, this is what my friend's main concern).
 
Robert8 said:
if this is a mistake, what might be the consequence?(in fact, this is what my friend's main concern).
Click to expand...
Nothing .. hardly matters ... in what ever category you apply .. all categories are current wrt to visa numbers .. so it does not matter as of this point of time .....
 
however, given EB3 is processed faster in Vermont Center.

if her petition got rejected(bounced back) due to wrong category and require to line up in EB2 again, she would loss a lot of time(the time from her submission till it reach a INS officer)?!

Am I right?
 
If I am not wrong Priority date is maintained. You may not have to rejoin Q at the end.

Rgds,

Yeppo
 
NO...

If you are eligible for file under EB2, you are very well eligible to file under EB3 as well..

Don't worry too much abt it
 
then, what is the relationship among I140 filing date, different processing date and priority date of date?

in other words, which date rules in such a senario?
zbcx123 said:
NO...

If you are eligible for file under EB2, you are very well eligible to file under EB3 as well..

Don't worry too much abt it
Click to expand...
 
Priority date is moot since the CIS has not been able to utilize all the visa numbers available for employment based visas for the past few years, so all dates are current. When processing used to be faster, this was a big deal since your priority date determined your place in the Q once your 140 was approved. A visa number, which was available based on your priority date was needed to file the 485. However, as I mentioned, all categories are current at this time, in other words, you do not need to wait for a visa number to be available. There have been several posts that have tried to hypothesize a link between PD (filing date of labor cert) and various approvals, but no defintive trend has been identified.

Also, in the 'good old days' :D EB2 processing used to be faster than EB3. This is the 140 processing date. That's why the category was important. Now, the reverse is true.

So, only the 140 processing date really rules.
 
Thank you for very informative reply.

if zbcx123's interpretation (If you are eligible for file under EB2, you are very well eligible to file under EB3 as well..
) is correct, many EB2 will be willing to filed under EB3 now?

PhillyKP said:
Also, in the 'good old days' :D EB2 processing used to be faster than EB3. This is the 140 processing date. That's why the category was important. Now, the reverse is true.

So, only the 140 processing date really rules.
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If you wish you take ur decision by the current trend (processing times), YES any EB2 application can be filed as EB3...

More attorneys get even more creative by filing two applications one in each category and see which one gets picked up first.
 
Robert8 said:
many EB2 will be willing to filed under EB3 now?
Click to expand...

The only problem is that all trends with the CIS are very temporary - what is good today, may be reversed tomorrow. So pick what you're qualified for, and cross your fingers...
 
are you kidding?

Original Labor cert. should be original, as a rule. Do you thick my friend could file again to EB2 with copy of labor?

zbcx123 said:
More attorneys get even more creative by filing two applications one in each category and see which one gets picked up first.
Click to expand...
 
Technically speaking it is possible.

When USCIS picks up an application with missing original Labor Cert, they would issue a RFE asking for original Labor Certificate - if this is the first of the two applications using same Labor Cert, attorney could seek to use the Certificate sent in with the second case (thus intimating them to cancel the 2nd pending case). Else, attorney can proactively pullout the 2nd case if the application with original cert goes thru.
 
it sounds reasonable. It also seems to address what PhillKP mentioned (what is good today, may be reversed tomorrow)

I hope CIS would punish such a pattern. Could anyone share experience here?

zbcx123 said:
Technically speaking it is possible.

When USCIS picks up an application with missing original Labor Cert, they would issue a RFE asking for original Labor Certificate - if this is the first of the two applications using same Labor Cert, attorney could seek to use the Certificate sent in with the second case (thus intimating them to cancel the 2nd pending case). Else, attorney can proactively pullout the 2nd case if the application with original cert goes thru.
Click to expand...
 
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