Lawyer error - possible change from EB2 to EB3?

suzihere

Registered Users (C)
Hi, I have a master degree from England, also equivalent in the US to a masters degree. When applying for PERM, our lawyer advised my company to advertise the job postings for a Masters Degree or alternative Bachelor's + 2 years experience, so we would qualify for EB2.

PERM was approved, but now immigration(UCSIS) says that in order to qualify for EB2 we needed to accept a minimum of Bachelor's + 3 years experience, not 2. Apparently the requirement for immigration has always been Bachelors' + 3 years, so we don't know why they suggested + 2 years to us. The lawyer clearly made a mistake!

I also had applied for I-485, so I have my employment card, travel document, and in the circumstances of having to revert to EB3, that would all be lost because there is a backlog, meaning no visa currently available. Priority date is August 12, 2005. My processing center is currently looking at May 1, 2002.

They (lawyer) are now suggesting that we reapply for PERM, under a different job requirement, re-avertise for the my job, re-recruit, spend thousands of dollars, extend my H1B visa which is about to expire in a week....

Has anyone experience this before. Not sure what to do. I can't go back 2 years because of a lawyer's error. They are one of the biggest firms in Washington DC. Is there a way around it?

Thanks, Suzi
 
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