eb3 or EB2???

[Getting _gc]

This is what I know.

I don't have Advanced adegree but on my 140 had this message 203(b)(2) Member of Professions w/Adv.Degree or Exceptional Ability


BuT I do have 8 years expreince by the time I apply my 140.

I have a related question. If a Labor application mentions BS+5 years experience, but has no mention of MS, will it be:

1. Pretty much always be treated as EB2 at I-140 stage
2. Pretty much always be treated as EB3 at I-140 stage
3. Depends upon the discredtion of the certifying officer. If so, what are the chances of landing in EB2 land? 10%, 50%? 90%?

I of course, ask because I'm in exactly this situation. I'm sure that Labor application asks for 5 years of experience. I also have customized letters of experience from the previous employers that certify the experience asked for in the Labor application. It'll be nothing short of Awesome if I land in the EB2.

Is is possible that they are now certifying an I-140 as EB2 (if it qualifies for it of course) instead of EB3, in deviation from the past to alleviate EB3 Jam?

I'll appreciate any input.

 

[gravitation]

I don't have Advanced adegree but on my 140 had this message 203(b)(2) Member of Professions w/Adv.Degree or Exceptional Ability


BuT I do have 8 years expreince by the time I apply my 140.

Thanks for reply Getting_GC.

The critical question is: Did your LC application specified MS/BS+5 as requirements? Or did it just say BS+5?