I-140 questions EB2 or EB3

vibes12345

New Member
Got my NY Labor approved PD Jan/2002.

A couple of questions about the next steps :

My LC says is for "BS + 5 years exp", was wondering if this eligible for EB2. There is no mention of an MS degree in the LC. My lawyer seems to thinks so.

Also, if we do file in EB2 and the I-140 is determined to be not eligible for EB2, then can I use the same LC & priority date to refile under EB3. Is there any downside with this approach?

Last question, if i do file for 485, EAD & AP with the EB2 I-140, then what will determine if I am on H-1 status or out of status if the I-140 is rejected.
 
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