EB2 or EB3?

[lucalanzi]

I am being sponsored for a green card through my employer. The job for which I am being sponsored requires only a B.A., but I also have a M.A.
I would like to know if I can file for a green card as an EB2 or if I have to file as an EB3. As you know,there is a big difference, because the cut off date for EB2 is current, while for EB3s is still August 2002.... (I got my labor cert. approved 4 months ago, and I am about to start filing for I-140).
Thank you for your help.

 

[ginnu]

I am being sponsored for a green card through my employer. The job for which I am being sponsored requires only a B.A., but I also have a M.A.
I would like to know if I can file for a green card as an EB2 or if I have to file as an EB3. As you know,there is a big difference, because the cut off date for EB2 is current, while for EB3s is still August 2002.... (I got my labor cert. approved 4 months ago, and I am about to start filing for I-140).
Thank you for your help.

It all depends on the advertising done for the job and education required for the job at the time of LC filing and what the employer wrote on LC forms. If your LC is approved in EB3 then I-140 can be filed only in EB3 even if you have master degree.

 

[lucalanzi]

Did the job opening for which you have been sponsored require a BA or a MA?

 

[immiq]

But, I have my I140 approved for EB2, eventhough my LC is under EB3.
The immigrantion assistant of Comgressman say the class of EB can be changed on I140, if I have advanced education and meet all the requirement.

You have already been approved EB2. Why do you still want to study EB2 or EB3?

 

[ginnu]

But, I have my I140 approved for EB2, eventhough my LC is under EB3.
---------- how do you say your I-140 is EB2 after LC approved in EB3? what is written on your I-140 approval notice right side (top columns)????

The immigrantion assistant of Comgressman say the class of EB can be changed on I140, if I have advanced education and meet all the requirement.
----------immigrantion assistant of Comgressman is not a lawyer, he gave you wrong info. I-140 classification depends on LC approval. If you have master degree or PhD and employer/lawyer filed LC in EB3 then I-140 will be in EB 3. Sometime even if LC is approved in EB2 USCIS can downgrade it to EB3, I have seen that happen because USCIS found discrepancy in education, Exp letters, job duties at the time of I-140 approval.