LC approved-next step questions

[HoustonTechie]

Hi
I just got a message from my employer that my LC was approved yesterday. It had been filed in Sept-2002. My attorney has arranged for a call to discuss next steps. I have a few questions though for the gurus of this forum:
1. My LC was filed in EB3 category (as per attorney), my question is: I had 5 yrs experience at the time when my LC was filed. Would it be a vaild argument to ask her to file my I-140 in EB2 category? Is that a possibility at all?
2. Assuming that my I-140 is filed under EB3 category, I checked the priority dates for I-140 which was Apr-2005. Does that mean that my I-140 would be processed immediately as my priority date is Sept-2002?
3. As I-485 for EB3 is unavailable as of now, the new quota opens on Oct-1 2005, will that imply that my I-485 can be filed immediately on Oct-1st given that I complete my medical prior to that?

Sorry for asking so many questions but I am sure most of us have gone through the same times so we can understand each others' pain very well.

Thanks in advance for response,

sanjay.

 

[pcc]

I'm in a similar situation (LC approved earlier in month)

Regarding eb2 vs 3. I think it depends on the job ad. If the job ad lists masters or 5+ yrs experience you _may_ be able to file as eb2. Otherwise it will be eb3.

Regarding retrogression of eb3 numbers. The fiscal year starts early oct. They expect visa numbers to be available then. I guess there is still a chance that the retrogression could last longer. We'll have to wait for the visa bulletin in Sept to find out.

I was told by my attorney to start on the medical etc. That way you will have everything you need once time comes to file the 485.

Your attorney should be able to provide better answers.