EB2 vs EB3

[OhCanada]

Our company lawyer recently filed my I-140 as EB2. I cannot verify, but I beleive the LC was asking for the EB3 "BA" requirement. I really expected it to be filed as an EB3, my dates are current for 485. Does anyone know what the BCIS will do with the 140 if it does not match the LC, or if it does, is there a big difference in qualifying if I have 15 years experience + related B degree.
Also, I am on a h1-B, that will likley expire before the 140 comes back. Can I do a 8 year extension on the h1-B and maintain status due to pending 140 and if so, if the 140 needs to be apealed, can I maintain status on the extended H1-B.

Thanks for your thoughts

 

[anilt75]

Our company lawyer recently filed my I-140 as EB2. I cannot verify, but I beleive the LC was asking for the EB3 "BA" requirement. I really expected it to be filed as an EB3, my dates are current for 485.

--You can file I-140 in EB3 now.


"Does anyone know what the BCIS will do with the 140 if it does not match the LC, or if it does, is there a big difference in qualifying if I have 15 years experience + related B degree."

--If LC job requirement doesnt match your profile or EB2 requirement as you filed, they will deny the case straight away or issue an RFE and deny it. Not the end of the world. Start your EB3 case now.


"Also, I am on a h1-B, that will likley expire before the 140 comes back. Can I do a 8 year extension on the h1-B and maintain status due to pending 140 and if so, if the 140 needs to be apealed, can I maintain status on the extended H1-B."

--Any appeal on GC process with a year old labor application date is good enough for h1b extension. I guess you are not from the country with retrogressed quota. If I were you, I would explore the option of doing EB3 I-140 in premium processing and get over with it in a month's time.

Let EB2 hang in the air!! Recently , there is a policy released that a petitioner can pursue second I-140 without revoking or withdrawing the former.

Good luck.