EB2 vs EB3 - Please help me make a choice

PcLdLttr

New Member
My employer has given me the following options:

- Substitute into a LC in the EB3 category with a PD of March 2002

- Apply for a new LC in the EB2 category with a PD of mid 2006

Considering the lack of data, I'm having a hard time making that decision. I am leaning towards the EB3 since it has an earlier date but I'm not sure if its the right decision.
Any opinions on what I should choose and why?

Your help is greatly appreciated. Thanks
 
Are you indian or other chargebility. you can see the most recent visa bulletin that can tell you how the things are going on.




PcLdLttr said:
My employer has given me the following options:

- Substitute into a LC in the EB3 category with a PD of March 2002

- Apply for a new LC in the EB2 category with a PD of mid 2006

Considering the lack of data, I'm having a hard time making that decision. I am leaning towards the EB3 since it has an earlier date but I'm not sure if its the right decision.
Any opinions on what I should choose and why?

Your help is greatly appreciated. Thanks
 
Yes ... I am Indian. (I guess I shouldve included that in my post)

Doesnt the visa bulletin only state the dates that are currently being processed?
i.e Jan 2000 for EB3 vs Aug 2001 for EB2

That gives me a delta of about 2 years if i apply for the EB3 and 5 years if i apply for an EB2 - I'm having a hard time figuring out how fast those dates will move.
It seems like over the past 3 months, those dates have moved at the same rate across categories, but I dont suppose there is any way to predict how fast they will move going forward
 
PcLdLttr said:
Yes ... I am Indian. (I guess I shouldve included that in my post)

Doesnt the visa bulletin only state the dates that are currently being processed?
i.e Jan 2000 for EB3 vs Aug 2001 for EB2

That gives me a delta of about 2 years if i apply for the EB3 and 5 years if i apply for an EB2 - I'm having a hard time figuring out how fast those dates will move.
It seems like over the past 3 months, those dates have moved at the same rate across categories, but I dont suppose there is any way to predict how fast they will move going forward

ITS HARD TO PREDICT..BUT IF I WERE U..I WUD HAVE TOOK THE EB3 WITH EARLIER PD...
 
Based on my research since the past two years I would suggest go ahead with EB3 with earlier PD. EB2 is also retrogressed and it will take a long while for your PD to be current in EB2 then in EB3.
I would say that your PD in EB3 will be current by the end of this year or early next year.

Good Luck.
 
PcLdLttr said:
My employer has given me the following options:

- Substitute into a LC in the EB3 category with a PD of March 2002

- Apply for a new LC in the EB2 category with a PD of mid 2006

Considering the lack of data, I'm having a hard time making that decision. I am leaning towards the EB3 since it has an earlier date but I'm not sure if its the right decision.
Any opinions on what I should choose and why?

Your help is greatly appreciated. Thanks

I would choose EB3 with PD 03/2002. At least to get the I140 approved (6-7 months from now = ie Aug 2006) Then the PD will follow you forever.
After that you are free to go with any company and keep that PD or stay with your employer.

If you go with EB2 mid 2006, you don't know if you will get LC approved in 2006 or not (sometimes you might wait for a long time). Assume you get LC by the end of 2006 (6 months processing). You apply for I140 and take 6-7 months. Then by Aug 2007 you get your I140 approved. You just open 1 year risk with your employer :)
 
Labor Substituton Risky Now

I would advise you to first thoroughly check the facts of the labor, an not just not merely rely on the Priority Dates.

1. Ever since the Nick Mandalapa case and the Computech cases (do a Google Search) USCIS has been particularly strict in adjucating substituted LCs. This is because there is widespread fraud and abuse associated with the LC substitution process. In fact the USCIS is actively considering abolishing LC substitution process.

Read this recent story from Murthy.com
http://www.murthy.com/news/n_lcsubs.html

Secondly, perhaps equally significantly, the current movement and PDs is not reflective of the true trend. Even though both PDs may be progressing almost equally since the past 1 or 2 months, I remember that just six months ago, EB-3 India was retrogressed at June 2002 and then become totally unavailable (before retrogressng to Jan 1998 while the OCt bulletin), while EB-2 India was still current. In other words someone who started their PERM LC petition in 2005 under Eb-2 India could have filed their LC approved (PERM takes about 2 months) , filed I-140/1485, and have had their approval by end 2005. On the other hand, someone who was Eb-3 India with a PD of three years earlier would still be waiting in line. Indeed I know many EB-2 folks who got their petition approved in half or third of the time that EB-3 folks did (who are still waiting in line despite having PD's of 2-3 years earlier).

And third, there is the impending impact of 245(i) cases that will soon be churned about by the Backlong CEnters. A big proportion of these 300,000 cases are EB-3 and have PDs around April 30, 2001 (which was the deadline for filing). What this means is that movt of Eb-3 PDs will grind to a halt when CIS reaches this date. Indeed that is why even China EB-3 have hardly moved and are still a April 22, 2001. And India EB-3 category is usually much more heavily subscribed than China EB-3. Scroll over this forum or do a web search on 245(i) and you will seen what I mean. This is no secret.

Friend, consider these three facts seriously before you jump the gun. In fact this is what I will advise to other newcomers too. But more importantly, instead of simply word of mouth comments, thouroughy check out these facts for yourself.
 
The Sword of Damocles called 245i is hanging on top of EB3 PDs after 2001 April; about 300k people applied in that category.Even if 10% of the people is from the same country quota as you are, if might be a few years before EB3 goes past 2001. There is also risk that LC substitutions might be more restricted or banned (nothing concrete so far). Seems EB2 is slow but safe, EB3 is risky at this point. If you can get EB3 substitution with PD before 04/2001 it is no brainer.
 
Top