EB2 Route ?

U

userip

Registered Users (C)
Hello,
1. My labor has recently been certified (EB3) & I have filed I-140.
2. I have 4-year Computer Engg degree and 6 year experience (in one company) before coming to US on H1b.
3. I have 7th year on H1b.
4. As of today, my Priority Date is more than 1 year & 8 months away.

Please advise:
1. Should I file new Labor Certification under EB2 ?
2. I have gained 6+ years of experience in US. Can I use this experience (total 12 years) to file for EB2 Labor with same company (who filed for EB3 labor) ?
3. If I file EB2 Labor with NEW company will I have to join them at ANY (I-140/I-485/..) stage ?
4. Does new EB2 Labor application affect Certified EB3 Labor in any way ? (challanged by USCIS ?)
5. What are my chances of Labor Certification under EB2 ?
6. What factors will affect EB2 Labor application ? (number of application from company ? other factors ?)
7. Should I wait and do nothing and wait for Priority date to become current under PROPOSED NEW immigration bill ("increase the current immigrant visa quotas by exempting spouses and children from the annual numerical limit")

Thank You.
 
Last edited by a moderator:
I am pretty much on the same boat like you. And I recently convenienced my company to file the EB2 for me. (just kick off the process).
Per my lawyer, the PERM is kinda easy to get in 4-5 months time for my "so call" EB2 filing becaz it is running thru a computer process now. But after the PERM, I140 will be a lot tougher caz it will review by the USCIS officer. But my lawyer said, it is good to take the chance if I am willing to spend the additional legal fees ($4000.0).

BTW, per my lawyer, the original EB3 LC will not expire. So, if you EB2 application goes south, you can still take the EB3 LC and still get (stuck) in the line.

So, I spent the extra legal fees and taking the chances.
 
Thanks!
Why will IB2 I-140 treated differently from IB3 I-140 by USCIS officer ? What will he look for ?

My experience letter shows 6 year from same company at same position with detail job responsibilities (analysis,design,tools used etc). Will it be sufficient ?
Does it counts as 'progressive experience' ?
 
From what I know, any experience gained at current employer cannot be used in Labor application filing. You can change companies and have your experience count.
 
no_more_anger said:
From what I know, any experience gained at current employer cannot be used in Labor application filing. You can change companies and have your experience count.
Click to expand...

You are right. Any experience gained with current employer will not be counted if you file from the same company.
 
this is not correct

The experiance gained at the same company can be counted to qualify for eb2, as long as the experiance gained (current job description) is 50% or more different than the title eb2 is being applied under. Makes sense? This is straight from my lawyer. You may get audited and will have to make a case and prove that the the two jobs are 50% or more different.
 
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