I-140 EB3 approved - Am I eligible for EB2

RaviKchhabra

Registered Users (C)
Please let me know if I am eligible for EB2------

I am working as Sr. Systems Engineer / Project Lead. I have an approved Labor cert, that was filed under “Third Employment-Based Preference (EB3) Skilled worker. I also have an approved I-140 with EB3. I was wondering if I could file I-140 with EB-2(B) under “person with exceptional ability” using the same labor cert as I believe the exception ability is inherent in the job advertisement given for this position (8 yrs exp plus associate degree). *The requirements listed (in official I – 140 form) v/s my qualifications is listed below. As per USICS we need to have at least three of the following, along with approved labor certification.

1. Labor certification
I have approved Labor certification
*
2. An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
I have 3 year Diploma in “Electronics and Telecommunication Engineering” (Education evaluation Done for Associate Degree) and One year Study in Bachelor In computer applications.*
*
3. Letters documenting at least ten years of full-time experience in the occupation being sought;
I have more then sixteen years of experience in the same field.
*
4. A license to practice the profession or certification for a particular profession or occupation;
I am Sun, Microsoft, Veritas and Cisco Certified. Actually multiple certifications was a requirement in the job advertised for this position.
*
5. Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
I am Getting about $93,000 PA
*
6. Membership in professional associations;
I am member of Cisco Certified Professionals, Veritas Certified professionals.
*
7. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
I have Letters from Sun Micro systems, Veritas, Cisco Systems. I am member of Achiever club (top 10% ) for year 2003, 2004 and 2005. I have letter from My CEO and was appeared on our Intranet. I was winner of Five Star Service and Employee of quarter many times.
*
I’ll appreciate if you look at my case (please refer to attached documents) and suggest.
 
Thanks! but that does not help

Please have another look at the post, my questions are
1. Can I file two I-140 applications with same labor
2. If yes, based on my background, am I qualified (the labor was done for EB3- exceptional ability) as I believe it is inherent in the job advertisement and 747 (13,14 and 15).
Please help
R :confused:
 
Top