EB3 to EB2

[tsrtsr1]

Sir/Madam,
My company applied an EB3 PERM labor case for me with priority date falling in Aug 2005. The application was immediately rejected due to some software error and my attorney filed a petition claiming that the application was denied for unknown reasons. Since we did not hear from the DOL for more than year and I now have an eligibility to apply via EB2, We decided that we would reapply via EB2. While this process is going on, old labor certification has just been approved on appeal. Now I have a choice to either apply for new Labor (EB2) and drop my old approved EB3 labor or continue the EB3 labor with 2005 priority date.
Will switching from EB3 to EB2 will yield any gain? Please advise me with your expert opinions.
Thanks and Regards,
Raj

 

[mkung]

You country of birth will determine that. If you are from the so called "worldwide" category (i.e. not from India, Philippines, Mexico or China), it may be beneficial for you to try for an EB2.

If you are from a retrogressed country (for EB2), that’s another question and it depends on whether you mind waiting for years (for visa numbers to become current) or if you optimistic about pending legislation that may help provide more visa numbers. Frankly, if you are from India, the current difference (between EB2 and EB3) in wait time is about 19 months, and you have to evaluate for yourself whether it is more beneficial having an approved labor (EB3) in hand, or "risk" (don't know what your background) applying for an EB2 only to find out that it won't matter because there maybe retrogression relief in the near future. Then again, there may not be any timely legislation in the near future that can help alleviate retrogression.

 

[userip]

EB2 to EB3 risk

" 'risk' (don't know what your background) applying for an EB2"

Please clarify what is the risk in filing for EB2 after getting EB3 certified.