how to know whether i am in EB2 OR EB3

V

varpu

Registered Users (C)
I have received labor certification.

It was filed in July of 2002 with following requirements :

---------------------------------------------------------
Education : Bachelor's or equivalent
Major field of study: Comp Sc. Math, MIS, Business or engineering
Experience : 2 years
---------------------------------------------------------
The labor was approved with a occ code: 030-162-014 and Occ Title: programmer/analyst


Employer is saying that this EB2 category but is not filing I-485 yet.

On the other hand below website is showing:

http://travel.state.gov/visa/frvi/bulletin/bulletin_3046.html

For India, 01 JAN 2003 for EB2 category.

On the "Application for Alien Employment Certification", I had put experience starting from May/1993. So, when it was filed in July/2002, i had over 5 years of experience.

How can i know, whether my approved labor is EB2 or EB3 ?

Thanks,
 
varpu said:
I have received labor certification.

It was filed in July of 2002 with following requirements :

---------------------------------------------------------
Education : Bachelor's or equivalent
Major field of study: Comp Sc. Math, MIS, Business or engineering
Experience : 2 years
---------------------------------------------------------
*************** it seems EB3

The labor was approved with a occ code: 030-162-014 and Occ Title: programmer/analyst


Employer is saying that this EB2 category but is not filing I-485 yet.
*************** employer giving wrong info, it is EB3(as the Education : Bachelor's or equivalent). employer can file I-140 and you can file I-485 once the PD for you is current
On the other hand below website is showing:

http://travel.state.gov/visa/frvi/bulletin/bulletin_3046.html

For India, 01 JAN 2003 for EB2 category.

On the "Application for Alien Employment Certification", I had put experience starting from May/1993. So, when it was filed in July/2002, i had over 5 years of experience.
--------------- for EB2 advertising and on LC form ETA750A in item 14 it need to be Master degree or BS degree+5 year Progressive experence(that Experience need to be BEFORE joining that employer)
How can i know, whether my approved labor is EB2 or EB3 ?
-------------It seems EB3 for more info ask the lawyer who filed LC

Thanks,
Click to expand...
 
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same situation


even i am in same situation. in fact same occupation code but the labor was certified for BS+5 yrs experience and my experience is progressive too. ONly dilemma is 1 yr experience shown is during my final year BE. will it pose a problem. Even though that is there i also have 5 yrs progressive work experience apart from that before i joined the present company.And i have an MS too.So can i seek Eb2.Any inputs.
 
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Chocolate said:
even i am in same situation. in fact same occupation code but the labor was certified for BS+5 yrs experience and my experience is progressive too. ONly dilemma is 1 yr experience shown is during my final year BE. will it pose a problem. Even though that is there i also have 5 yrs progressive work experience apart from that before i joined the present company.And i have an MS too.So can i seek Eb2.Any inputs.
Click to expand...
------------ YOU having Master degree or doctrate degree does not matter. all depends on employer advertising for the job and what kind of education/experience they wrote on LC papers that was filed with DOL.if they wrote Master degree or BS+5 years progressive experence on form ETA750A in item 14 then you can claim EB2. go to your lawyer who filed LC and check what is on form ETA750A that was filed and signed by employer.
 
Its BS+5

ginnu said:
------------ YOU having Master degree or doctrate degree does not matter. all depends on employer advertising for the job and what kind of education/experience they wrote on LC papers that was filed with DOL.if they wrote Master degree or BS+5 years progressive experence on form ETA750A in item 14 then you can claim EB2. go to your lawyer who filed LC and check what is on form ETA750A that was filed and signed by employer.
Click to expand...

I have seen the ETA 750A form and it is advertised for BS+5 +4 months experience and my experience is progressive too .Can i claim EB2?Also the only problem is 1 yr experience shown in ETA 750 A is during my final yr BE .Even if USCIS doesnt accept that experience i do have other experience which can satisfy the 1 yr experience. If i do that can i go ahead and file premium processing of 140 in EB2 satisfying all the labor conditions .Can i substitute the 1 yr labor shown with some other experience i have that is also in same field.Any inputs.
 
Chocolate said:
I have seen the ETA 750A form and it is advertised for BS+5 +4 months experience and my experience is progressive too .Can i claim EB2?Also the only problem is 1 yr experience shown in ETA 750 A is during my final yr BE .
---that is wrong you need exp after degree
Even if USCIS doesnt accept that experience i do have other experience which can satisfy the 1 yr experience.
------------- you should have told that to lawyer and should have provided exp letter to lawyer
If i do that can i go ahead and file premium processing of 140 in EB2 satisfying all the labor conditions .Can i substitute the 1 yr labor shown with some other experience i have that is also in same field.Any inputs.
Click to expand...
---talk to your lawyer for more info or post in LC threads.
READ:
http://www.immigrationlinks.com/news/news215.htm
http://www.murthy.com/news/UDwhaeb2.html
 
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