Filing under EB2

AgentM

Registered Users (C)
If my PERM labor certification was filed under EB3 category can the I-140 be filed under EB2 if I qualify?
 
AgentM said:
If my PERM labor certification was filed under EB3 category can the I-140 be filed under EB2 if I qualify?

NO, you can't.
even though you are qualifiled for EB-2, unless it is stated in your labor requirements you can't file your I-140 under EB-2.

you didn't mention your PD?? if it is recent then you can consider the option of filing a fresh labour with EB-2 requirements and take it from there.

hope this helps.

wish you all the best :)
 
Thank you.

My PD is Jan 18 2006.

How do I find out which date is currently being processed for France under EB2 category?
 
Info needed

IN2US said:
NO, you can't.
even though you are qualifiled for EB-2, unless it is stated in your labor requirements you can't file your I-140 under EB-2.

you didn't mention your PD?? if it is recent then you can consider the option of filing a fresh labour with EB-2 requirements and take it from there.

hope this helps.

wish you all the best :)

I am also in similar situation .Any help is appreciated. My labor is approved from BEC. its in RIR category. the labor is for BS+5 yrs+4 months experience.i have masters and 7 yrs experience.But my dilemma is I am ready to file 140 and my HR says its EB3 .I am from world wide category and i am eligible to file 140/485/ead/ap if its EB2. The experience shown is progressive too.But my first year of experience is in my final year BS.In any case apart from that i can show 5 yrs of progressive experience .Will taht be considered progressive even tho its in my final year BS.
Also can i push my lawyer to file in Eb2 and see if i am approved in premium processing .If not proceed Eb3 and file for PERM Eb2 labor and proceed.Any inputs.
 
If your total experience meets 64 months you are safe for EB-2.

You are safer because of Masters. It is one of the requirements for EB-2 but labor job description should says so.

Either way you should go Eb-2 in PP and get that resolved quicly and then file 485/EAD.

Chocolate said:
I am also in similar situation .Any help is appreciated. My labor is approved from BEC. its in RIR category. the labor is for BS+5 yrs+4 months experience.i have masters and 7 yrs experience.But my dilemma is I am ready to file 140 and my HR says its EB3 .I am from world wide category and i am eligible to file 140/485/ead/ap if its EB2. The experience shown is progressive too.But my first year of experience is in my final year BS.In any case apart from that i can show 5 yrs of progressive experience .Will taht be considered progressive even tho its in my final year BS.
Also can i push my lawyer to file in Eb2 and see if i am approved in premium processing .If not proceed Eb3 and file for PERM Eb2 labor and proceed.Any inputs.
 
Helpful info

bigbang2001 said:
If your total experience meets 64 months you are safe for EB-2.

You are safer because of Masters. It is one of the requirements for EB-2 but labor job description should says so.

Either way you should go Eb-2 in PP and get that resolved quicly and then file 485/EAD.

Thanks for the input.one more clarification.My labor although has details of my Masters The labor doesnt specify that. Is it understood that its BS+5 yrs or MS+0 or it shud be specified in labor. Becoz my labor doesnt specify that.Although in column called aliens background it has details of my BSand MS.yes i will push my lawyer to do that.So it will not matter whether the first experience is my final year BS.Will it pose a problem?if it does also i have experience apart from that which still meets the labor requirement.Any inputs.
 
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