EB2 or EB3

[lost_angeles]

Hi guys,

Would really appreciate your comments on following two questions --

I have a Master's degree in Comp Science from USA and am working in IT field. My employer is filing my LCA now, before PERM goes into effect, with job requirements of Bachelor's degree plus three years of experience. This LCA would be under EB3 category. I am an Indian citizen.

1. Come PERM, can I change my labor application to PERM.

2. My employer is thinking of creating a new position which requires either a. Master's degree or b. Bachelor's degree with 3 year's of experience. If I apply for LCA under this new position, would I qualify for EB2, given that --
* I have already applied for an EB3 position earlier with same employer and
* The OR is Bachelor's with 3 years of experience, not 5 years.

Regards.

 

[knowDOL]

If you have already filed one application with the same employer with Bachelors and three years required experience for the job. File a new case in PERM under EB2 with MAsters degree as job requirements and withdraw the old one.

If you are filing new, you file directly file in PERM if you have atleast 365 days on your H1 visa on the filing date of PERM application