EB3 to EB2

[paritala_suri]

All ,

I have got my labor recently in EB3 Category.
But I am eligible to apply my labor in EB2 category.
Since my lawyer did not do the evaluation at that time ,
my labor was filed in EB3.


Recently i have evaluated my educational certificates and the evaluator
evaluated to B.S computer Science. And since i have 9 years of experirence , i guess , i am eligible to file in EB2.

Now , ...the question is can i convert my filing type from EB3 to EB2 while filing my I-140 and 485?

Please throw some light on me....

 

[nkm-oct23]

Not really. The job description in your LC application should require MS degree or BS +5 years experience as a MINIMUM requirement. Just your having the required qualifications does not make you eligible to apply under EB2; the job has to require those qualifications as a minimum. You will have to file LC again in order to file under EB2.

 

[paritala_suri]

NKM,

Suppose if the job description has a requirement of EB2 say BS + 5 years of experience , and by mistake the lawyer applied my labor in EB3 ,
is there any chance that i can change the filing status from EB3 to EB2 while filing I-140.

 

[nkm-oct23]

NKM,

Suppose if the job description has a requirement of EB2 say BS + 5 years of experience , and by mistake the lawyer applied my labor in EB3 ,
is there any chance that i can change the filing status from EB3 to EB2 while filing I-140.

Actually you cannot specify any specific EB category in LC , only I-140 is filed with any reference to EB category. LC application has no provision in it to indicate EB category.

 

[patelhiteshv]

Hello all,

I have an approved LC+I140. In my case my LC was filed with MS OR BS+5 years. Due to lawyers mistake he filed it under EB3 instead of EB2, I just realized this now. Is there any way I can correct my existing I140 ? Appreciate your speedy response

 

[patelhiteshv]

I meant to say, LC was filed under BS+5 year which I have, but I140 was filed under EB3. Can I ammend the I140 approval to change to EB2 ?