We had our LCs and I-140 filed in EB3 category. Now, lawyer is saying we may qualify for EB2 category in I-485 and don't have to wait for October to file in EB3. We are wondering what consequences could be if USCIS would not agree that we filed with the right category. Will the cases be rejected or "downgraded" to back to EB3? If latter, with what RD dates?
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EB3 to EB2 upgrade
- Thread starter rir_or
- Start date
To get the EB-2 catagory the Labor certification must be filed as an EB-2. The LC for an EB-3 will not qualify. You would have to start all over again.
If you had filed as an EB-2 you could go down to an EB-3 but not the other way around.
FOR an EB-2
INS defines an advanced degree as a professional or academic degree, given by a U.S. institution, beyond that of a baccalaureate. A foreign degree from an overseas institution may also be acceptable if the INS determines it to be equivalent to a U.S. degree.
After the baccalaureate degree five years of employment experience, involving incremental responsibility in the profession, may be used in place of the advanced degree to qualify for the second preference category. This is provided the position requires the advanced degree.
In this EB2 category, the applicant must have a job offer in the profession for which s/he is academically prepared. The employer must obtain appropriate "labor certification (LC)" from the U.S. Department of Labor.
The LC must indicate that the position offered is one that requires the advanced degree to perform the job. If the profession as a rule requires a doctoral degree, the job offer and the credentials of the applicant must indicate / reflect it.
If you had filed as an EB-2 you could go down to an EB-3 but not the other way around.
FOR an EB-2
INS defines an advanced degree as a professional or academic degree, given by a U.S. institution, beyond that of a baccalaureate. A foreign degree from an overseas institution may also be acceptable if the INS determines it to be equivalent to a U.S. degree.
After the baccalaureate degree five years of employment experience, involving incremental responsibility in the profession, may be used in place of the advanced degree to qualify for the second preference category. This is provided the position requires the advanced degree.
In this EB2 category, the applicant must have a job offer in the profession for which s/he is academically prepared. The employer must obtain appropriate "labor certification (LC)" from the U.S. Department of Labor.
The LC must indicate that the position offered is one that requires the advanced degree to perform the job. If the profession as a rule requires a doctoral degree, the job offer and the credentials of the applicant must indicate / reflect it.
You might qualify for an EB-2 BUT you still would need to redo LC.
Read up on the EB-2 catagory.
http://uscis.gov/graphics/howdoi/eligibility2.htm
Read up on the EB-2 catagory.
http://uscis.gov/graphics/howdoi/eligibility2.htm
Follow up
Our lawyer did some majic upgrading 4 out of 5 I-140s from EB3 to EB2. The move, as it turned out was initiated by an USCIS officer.
Overall disposition:
1 approved as EB2
3 approved as EB3s, amended to EB2s
1 being worked on.
We have two people from India on this list, praying to have I-485 filed before October. We are really sorry to see this bloodbath DOS has brought on those of you folks who could not make it.
All LCs were filed as EB3s with DOL, first four applicants have Master's. Try to see if you lawyer can do anything about your application.
Good luck you you, all.
Our lawyer did some majic upgrading 4 out of 5 I-140s from EB3 to EB2. The move, as it turned out was initiated by an USCIS officer.
Overall disposition:
1 approved as EB2
3 approved as EB3s, amended to EB2s
1 being worked on.
We have two people from India on this list, praying to have I-485 filed before October. We are really sorry to see this bloodbath DOS has brought on those of you folks who could not make it.
All LCs were filed as EB3s with DOL, first four applicants have Master's. Try to see if you lawyer can do anything about your application.
Good luck you you, all.
LaborBadhi
Registered Users (C)
I sent PM
Could you please check your PMs. I had sent one question for you.
rir_or said:Our lawyer did some majic upgrading 4 out of 5 I-140s from EB3 to EB2. The move, as it turned out was initiated by an USCIS officer.
Overall disposition:
1 approved as EB2
3 approved as EB3s, amended to EB2s
1 being worked on.
We have two people from India on this list, praying to have I-485 filed before October. We are really sorry to see this bloodbath DOS has brought on those of you folks who could not make it.
All LCs were filed as EB3s with DOL, first four applicants have Master's. Try to see if you lawyer can do anything about your application.
Good luck you you, all.
Could you please check your PMs. I had sent one question for you.
rir_or said:Our lawyer did some majic upgrading 4 out of 5 I-140s from EB3 to EB2. The move, as it turned out was initiated by an USCIS officer.
Overall disposition:
1 approved as EB2
3 approved as EB3s, amended to EB2s
1 being worked on.
We have two people from India on this list, praying to have I-485 filed before October. We are really sorry to see this bloodbath DOS has brought on those of you folks who could not make it.
All LCs were filed as EB3s with DOL, first four applicants have Master's. Try to see if you lawyer can do anything about your application.
Good luck you you, all.
If possible, please provide more details about LC requirements: was it less than MS or BS+5? I have MS+2/BS+4 on my approved LC and wonder if I can even try to file I-140 as EB2. I have Master degree.
Thank you!