AgentM said:If my PERM labor certification was filed under EB3 category can the I-140 be filed under EB2 if I qualify?
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![]()
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.
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.