How to Determine EB category on LC

[pashwin]

Hello,
My labor was certified in May'04. Can anyone tell how to determine the EB category it was filed under? My employer subsequently filed I-140 under EB3.

If my original labor was EB2, is there a way to file another I-140 under EB2 for consular processing?

Appreciate all your responses.

 

[Kandyala]

look 1-140 reciept or Approved notice

Search for these numbers.
203(b)(2) Member of Professions w/Adv. Degree or Exceptional Ability -EB2
203(b)(3)(A)(i) Skilled Worker -EB3
203(b)(3)(A)(ii) Professional-EB3
203(b)(3)(A)(iii) Other Worker-EB3

To continue on AOS and get benefit of EB2 PD file 140 as eb2 again.
To change to eb2 and CP file eb2 and withdraw 485

 

[pashwin]

kandyala,
thanks for message but that determines only the I-140 category.
How can i determine the LC category?

 

[Kandyala]

check LC

on LC ETA-750 Part A first page check education and experience.Post your
details.I can tell you whether you are fit for eb2

 

[turisam]

on LC ETA-750 Part A first page check education and experience.Post your
details.I can tell you whether you are fit for eb2

Hi Kandyala,
Thanks for providing good info in forum.I have Masters degree and 2 yrs experience.It will come under EB2 or EB3.


Thanks,
sam

 

[Kandyala]

eb2 eligibility

Masters /Bachelors and 5 years exp.
turisam is eligible for eb2.
---------------------------------
An official academic record showing that the alien has
a U.S. advanced degree or an equivalent foreign
degree,
/
or an official academic record showing that the
alien has a U.S. baccalaureate degree or an equivalent
foreign degree and letters from current or former
employers showing that the alien has at least five
years of progressive post-baccalaureate experience in
the specialty;
---------------------------------------------------

 

[myh]

Check your I-485 receipt

My I-485 receipt has "...Skilled Worker ". So it's EB3.

 

[pashwin]

kandyala

This is the extract from my
LC ETA 750A

Column 14

Grade School : 8
High school : 4

College degree reqd : Bachelor
Major field : Comp science

Experience

Job Offered : 2 yrs
Related Ocuupation : 2 yrs

--- However I have Bachelors and over 7 yrs of experience. Now where does that stand? Does that mean i am eligble only for EB3?

 

[Kandyala]

pashwin

you may not able to apply for eb2 using present LC.
Do not worry much about eb3 PD retrogression.
There is a speculation that retrogression may not affect already
filed 485 applicants.Read my postings.

 

[pashwin]

kandyala,
thanks for your informative messages.

my LC states grade school of 8 and high school 4 (excuse my limited knowledge about US schooling system).

I have a bachelors(CS) 3 yr and technical course of 2 yrs. Do you think i am safe at the I-140 level ? also what would grade school 8 and high school 4 be?

Thanks.

 

[mmrsagili]

Actually, just having advanced degree or experience does not qualify one to file in EB2 category. The job position for which labor is applied should require those qualifications.

for example though I had EB2 qualifications, my case was filed in EB3 category because the minimum qualification for my job was bachelor's degree(My Attorney said that).

The following sentences are from Murthy.com:
"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"

 

[Kandyala]

you are safe

8 and 4 looks like USA middle school and highschool.In your educational
evaluation they must have covered this aspect.

 

[jdr]

for myh

My I-485 receipt has "...Skilled Worker ". So it's EB3.

myh,
where does it say on the I485 notice that "...skilled worker"..i dont find it in the receipt notice...