EB2 Route ?

U

userip

Registered Users (C)
Hello,
I have EB3 certified labor, approved I-140 and pending I-485. (Priority Date was not current this finanacial year - next year might not be much better).
I have 4-year Computer Engg degree and 6 year experience (in one company) before coming to US on H1b.
As of today (mid 2008), please advise:

1. Should I file new Labor Certification under EB2 ?
2. What are my chances of Labor Certification under EB2 ? (last year there were more audits)
3. Does new EB2 Labor application affect Certified EB3 Labor in any way ? (challanged by USCIS ?)
4. Does new EB2 Labor application affect approved I-140 and pending I-485 in any way ?
5. Are there any negatives/disadvantages to going EB2 route ?

Thank You.
 
Last edited by a moderator:
I have EB3 certified labor, approved I-140 and pending I-485.
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What is the PD? This is an important point which might decide whether the extra effort is worth it. Also for how long has the 485 been pending? This might give you extra freedom.
I have 4-year Computer Engg degree and 6 year experience (in one company) before coming to US on H1b.
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You obviously qualify for EB2, assuming that you worked for those 6 yrs in software and continue to do so.

1. Should I file new Labor Certification under EB2 ?
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I'm not sure if the same employer can file two concurrent labors for the same candidate. Can someone answer?
If yes, the cost/benefit ratio will depend on whether the employer will pay for the entire process, how much will you gain in terms of PD (perhaps the most important factor)
2. What are my chances of Labor Certification under EB2 ? (last year there were more audits)
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As long as the paper work is proper and the case is bona fide, I don't see why the application could be denied. It might result in an RFE but as long as you respond properly, no problems.
3. Does new EB2 Labor application affect Certified EB3 Labor in any way ? (challanged by USCIS ?)
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Should not, as long as both of them are allowed. (Once again, I'm not sure if two concurrent applications can be filed by the employer). The certified EB3 should stand.
4. Does new EB2 Labor application affect approved I-140 and pending I-485 in any way ?
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As far as I know, an I-140 can be used for only one I-485. Does this mean that you'll need a second I-140, even though it's for the same employer and same pay? I'm not sure. Also will the pay be the same?
I don't think they should be affected.
5. Are there any negatives/disadvantages to going EB2 route ?
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The most important point is how much PD movement you could expect to gain, given that this will be a brand new application.

There are quite a few intricacies here, for me. Perhaps TheRealCanadian or ginnu or someone else can answer better.

I'd say first try to find out if two LC's can be filed by the same employer for EB2 and EB3 and two parallel 485's can be done.
If yes, will you pay for the new process? And have you also paid for the old process?
Also, how much PD gain do you anticipate?
Given the fact that the new process will have a PD of 2008, there is little chance to predict how the relative EB2/EB3 PD's will be 5-10 yrs from now (for that is probably when you will get your PD to be current, assuming you're from India).
As mid-2008 PD getting current is so distant in the future (barring a change in the immigration law), it's impossible to make any sort of guesses as to how much you can expect to gain.
 
PD is 2003. (next year might not be current)
From what I know:
  • Employer can file two concurrent labors for the same candidate.
  • second I-140 is required, but same 485 will do (two parallel 485's not required).
  • PD of EB3 can be ported to EB2
 
Given the above, its seems to be a clear choice. Apply for new LC/140. Port the PD onto the EB2 one and update the PD on the 485.
Sound simple in theory. Will be interesting to see how it'll work out in practice.
As Yogi Berra once said, "In theory, there's no difference between theory and practice. In practice, there is".
Of course, consult with a __GOOD__ attorney, if you're going this route.
 
Hello,
In EB2 labor process, DOL has given highest salary bracket to position, which sponsoring employer cannot pay.
What can be done to reduce salary to level-1/2 ?

Thank You.
 
I am not sure what you mean by DOL. If DOL is already mandating it then it is a different story.
normally it works through a state wage determination and it is based on the state/city.you could try to change that if you are a consultant.but you will have to advertise etc in the respective state/city again prior to filing to DOL.

there is nothing wrong with applying for eb2 labor infact you could be approved.but i think they are pretty hard on every application now(leave alone eb2). It is even possible that they dig out your old labor/140 and cross check employer recruit process.but thats the risk you take.
Hope this helps.
 
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