EB2 question

W

webjockey

Registered Users (C)
Hi,

At what stage EB2 is determined? In order file I-140 under EB2 category, is the Labor Certification also must be obtained under EB2 category.

As per educational evaluation I am equivalent to BS computer science in US and I have over 12 years of professional experience(out of which 6.5 years in US). Is it possible to file I-140 under EB2 category?

Thanks
 
Decided based on your labor petition

Item 14 in your labor petition form should say MS or atleast BS + 5 yrs. If it is neither of the two, you are going to file 140 as EB-3. If your labor petition qualifies those two things then you can file 140 as EB-2.

I have MS, but my lawyer mentioned BS + 1yr to play it safe.....I believe I consulted two attorneys both mentioned the same at the time when I was going to file. So I will be filing in EB-3 whenever I get my 140 approved. Previously in 2001 I cleared 140 from another company so I am going to use that priority date to avoid the retrogression crowd.....that is my story maybe it could help you in some ways.

webjockey said:
Hi,

At what stage EB2 is determined? In order file I-140 under EB2 category, is the Labor Certification also must be obtained under EB2 category.

As per educational evaluation I am equivalent to BS computer science in US and I have over 12 years of professional experience(out of which 6.5 years in US). Is it possible to file I-140 under EB2 category?

Thanks
Click to expand...
 
webjockey said:
Hi,

At what stage EB2 is determined? In order file I-140 under EB2 category, is the Labor Certification also must be obtained under EB2 category.

As per educational evaluation I am equivalent to BS computer science in US and I have over 12 years of professional experience(out of which 6.5 years in US). Is it possible to file I-140 under EB2 category? NO. Even BS with 20yrs will not qualify EB2. Now all the dates are current, why are you worrying?
Thanks
Click to expand...
 
Not just safe - Eb3 seems to be faster among the two. Check the processing dates for the two (EB2 vs Eb3) before you decide.
 
EB-2 vs. EB-3

I think he is worrying about the priority date might be backlogged as early as Jan.2005 for EB-3 according to State Department.
 
MS+0 or BS+5 may be more difficult to get labor certified...
Note that SESA or DOL may send a query (RFE / NOF) stating that MS+0, or BS+5 may seem "unduly restrictive" to US workers. The company petitioning for the labor certification may then be required to prove the "business necessity" with a detailed letter explaining why the minimum requirement is a Master's or BS+5. This letter must be signed by the employer and not the lawyer. The probability of this kind of labor petition getting approved depends on how well this "business necessity" letter has been drafted by the lawyer and/or employer.

Some lawyers who are proactive send this "business necessity" letter along with the MS+0 / BS+5 labor petition to avoid query(NOF/RFE) from SESA or DOL.
 
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could I apply lc in eb3 and i140 in eb2?

could I apply lc in eb3 and i140 in eb2? if i have ms+3years?
 
No, sorry. It works the other way. You could apply LC in EB2 and apply for I-140 in EB3. You cannot apply LC in EB3 and apply for I-140 under EB2.
 
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