If EB2 I140 is denied can one refile under EB3

[pcc]

my case is borderline EB2 - 5 yrs experience with BS. LC did not require masters. If we file under EB2 and worst case it is rejected, can I file again under EB3.

Or would it be safer and simplier to wait until oct and file as EB3? My Attorney would prefer EB3 route.

Thanks

 

[rayman6]

does it really matter? u have a MS which is more than BS? why shld u be rejected. i thought that its always the underqualified ones need to worry abt?

regds

 

[chemE]

EB2 or EB3

Hi -

I have been told by my lawyer that if you applied under I-140, EB-2 and your application gets denied, you can still come back and refile under EB-3. You will only loose money(?)

I am not lawyer so....

I am thinking that I will for it.
My labor specifies: BS on ME or Similar degree.
And Minimum of 5 years of experience. (No "Progressive"), I got both, BS and 11 years (at the time of labor application).

Any opinions?