EB2 or EB3

SSara

Registered Users (C)
This is my case. My employer filled an ETA 750 on May 2004. I received the 45 days letter on May 2005 and replied it the same month. I am now waiting for the certification. My employer filled the form for a position of Architectural Drafter which requires only 2 years of college education (An associate degree). I was hired for that position but now I am working in a better position. I am an Architect with more that 5 years of experience and I could apply for EB2. The problem is that the labor certification will say that the job requires only an associate degree. Can my company still fill the i-140 as EB2 with the same labor certification or... does my company need to request a different labor certification. What do you guys recommend me to do? If I fill EB2 I could apply for i-140 / i-485 concurrently
 
Also, on a related subject: I have BS + 5 years of experience before joning the company. I'm a Senior Software Engineer. My salary is higher than prevailing wage for my county (for category 4). Can I try to apply for EB2? What are the possible complications?
 
SSara said:
This is my case. My employer filled an ETA 750 on May 2004. I received the 45 days letter on May 2005 and replied it the same month. I am now waiting for the certification. My employer filled the form for a position of Architectural Drafter which requires only 2 years of college education (An associate degree). I was hired for that position but now I am working in a better position. I am an Architect with more that 5 years of experience and I could apply for EB2. The problem is that the labor certification will say that the job requires only an associate degree. Can my company still fill the i-140 as EB2 with the same labor certification or... does my company need to request a different labor certification. What do you guys recommend me to do? If I fill EB2 I could apply for i-140 / i-485 concurrently

I don't think you can use experience gained while working for an employer for labor cert with the same employer, with some exceptions.
 
EB2 or EB3 when is that defined?

Hi I am curious to know when does the EBx category is choosen; in what ETA-x or I-x is this initially selected and how can that be changed.

I am a southamerican electrical engineer wiatg for LC since march 2003; I do not have a MS degree but I have finished the MS in System engineering program.

thx
 
what to do????

jllag1 said:
I don't think you can use experience gained while working for an employer for labor cert with the same employer, with some exceptions.
Thanks for your answer. Right know I have almost 7 years of experience. I had 4 years of experience when I started this job and I have almost 3 years working here. I think the problem would not be to prove the experience I have. My biggest concern is that even though I can prove my experience and prove that I have an advance degree, the Labor Certification would say that the job requires only 2 years of experience not an advance degree. I been trying to find information in the i-140 instructions and also in the codes but I did not find anything. any idea?
 
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