EB3 to EB2 (Upgrade --)

NinjaDisco

Registered Users (C)
Hey guys I have this doubt and would appreciate if any one would shed some light on the same.
Lets take this case
GC application filed in Sep97 - EB3, Bachelors degree in Engineering with 4yrs experience. (EB2 requires B.E. + 5yrs)
By the time all formalities of Labor, I-140 etc are cleared and I-485 is to be filed its more than 2yrs.
Time Lapse till FP call another year meanwhile the EB3 dates have retrogessed to Feb97, but the applicant now has more than 7 yrs of exp with a Bachelors degree, does this not qualify for an EB2 approval.
Is there any way to point this out to INS.
Or this makes no sense at all.
 
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