EB3 to EB2 change

V

vpampatt

Registered Users (C)
Hello Gurus,

I am planning to use Approved Labour Certificate for Green Card I-140 stage.

Approved Labour Certificate is in EB3 category. But I have 7 1/2 years of experience. So, when I substitute that LC for filing my I-140, can I change from EB3 category to EB2 category.?

Your reply will be highly appreciated.

Thanks and Regards,
Neelakshi
 
Vpampatt.........

When u say that LC was approved on EB3, What do u mean by that?

As far as I know, there is nothing as such (ie EB2 or EB3) when it comes to LC from DOL. DOL process application based on Job requirement, Labor market and candidates qualification. If LC was approved based on above factors and those things fall in EB3 Category for I-140 stage then u can't go for EB2 regardless of your education or experience.

Hope this will help.
 
Neelakshi,

You can do so. But in doing so -

1. You cannot count your experience with present employer.

2. There is no difference in filing 485 for EB2 and EB3 at present-as both are current. This is the only place where it makes difference.

Remaining in EB3 will give Lawyer less problem in justifying your case.

*************************************************

For LC, one has to submit three copies of completed forms 750 A and B. Part A. is called OFFER OF EMPLOYMENT. It states basic points which is desired by the company in recruitment.

Part B is STATEMENT OF QUALIFICATIONS OF ALIEN. This is where you give your details(The form filled by you before LC is applied.).

Part A gives basic requirement for company. So if someone with EB3 has qualified it - so will someone with EB2 do.

Now in your case Part A is already in place - you will be using it with Part B. That will be your evaluation - that is 'Substitution'.

I hope you got the point - there is no problem in doing so. In short you can go for EB2.
 
Vpampatt

U R asking something which is unusual........

I think you should get opinion from exp. lawyer's (try more then three) who have done cases like this in past..........

Also, these day's INS is processing EB2 or EB3 at the same rate so why do u want to go for EB2?.................
 
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