EB3 2002 Labor cleared June 2002, Can I file new Labor under PERM in EB2

2

2002june

Registered Users (C)
When my labor was filed in 2002 I had 10 years of Industry experience and a Masters from US but my labor could not be filed under EB2 category, as my job did not require a masters and I did not have relevant job experience. I got promoted last year and now my current title requires masters or six plus years of experience.
I have two questions: -
1. Can I file a fresh PERM application under EB2 and use the same priority date of 2002.
2. Can my first five years in this company prior to my promotion be counted towards the relevant experience, or do I still need to show experience prior to joining this company.
Thanks
2002 June
PD June 2002 EB3/RIR
I-140 cleared Jan 2007
 
Thanks GC Geek

Can anobody please reply to my second question

Can my first five years in this company prior to my promotion be counted towards the relevant experience, or do I still need to show experience prior to joining this company.

Thanks 2002june
 
Priority date - multiple labors

Hi,

I have a similar question.

If EB3 I-140 is complete in Company A and if we switch to Company B and apply EB2 labor, which priority date takes into effect? Company A or B? If both are of the same category, will Company A priority date take effect?

Thanks
 
2002june said:
Can anobody please reply to my second question

Can my first five years in this company prior to my promotion be counted towards the relevant experience, or do I still need to show experience prior to joining this company.

Thanks 2002june
Click to expand...

The rule is that if you have gained experience with the current employer, that the previous job must be at least 50% different than the proposed job.

So, make sure you first file the I-140 based on the EB3 approved labor. Get the I-140 approved. In the meantime, file the PERM EB2. Once that gets approved, file an I-140 recapture where you can use your EB2 category with the older priority date.

That's how it works.
 
EB3 or EB2

Hi there,

I have a bachelors degree in Economics and Bio w/specialization in Neurosicence, received in 2004 from a University in the US (4yrs). I also have been working for the Neurology Department since 2001. In total I have 7 years of experience but I only have 3 years of post-baccalaureate experience... My attorney assured me that I would still qualify as EB2 even though my experience overlaps with my education.

Now the advertisement does NOT specify that I have 5 yrs of post baccalaureate experience. It simply says 5 years of experience in related field.

We have filed for Labor Cert recently hoping that this would be under EB2 and that I would qualify for EB2. After reading some of the messages here, 1. it doesn't seem like I would qualify for EB2 and 2. it also doesn't seem like the job will necessarily be categorized under EB2.

When I was reading the I-140 application, I saw a paragraph after the general requirements for EB2 category that one may also prove eligibility for EB2 category by providing some evidence such as proof of degree, 10 years of full time experience, awards, membership to societies, letters from peers or institutions etc. I happen to be a member of a couple societies specific to Neuroscience, have multiple publications in Neurology journals and of course a degree relevant to Neuroscience. Would these things by any chance qualify me as EB2?

Also, more generally, who decides whether the job is EB2 and whether the person is qualified for EB2? If for some reason my job gets categorized as EB3, do I still have a chance of getting I140 approved as EB3 or is it immediately denied since I was ATTEMPTING to be categorized as EB2 but fall under EB3? Please help....
 
You must log in or register to reply here.
Top