masters in EB2 or EB3

compudada

Registered Users (C)
Can someone with MS degree in United States file I-140 in EB-3 category? I ask because EB3 is faster than EB2 at Vermont
 
It is decided based upon Job description on the advertisement. Your qualifications must be above that. So issue the proper advertisement.

I have seen case in which Labor was approved in EB2 but attorney applied in EB3. He had Masters but did have sufficient experience. He got his I-140 approved within four months without RFE.
 
Be careful of what you ask for...

..because you might just get it.

I read recently that the the visa dates for EB3 might retrogress next year, because of all the 245(i) filings making it through all the prior stages and coming up for the 485 adjudications.

There is really no short-cut through it.
 
245i

245i is the part of AC21 that has made my life so miserable.

Basically, under this section, there was a sunset provision for illegals to file for employment based immigration, with a sunset date of April 30th 2001. This then caused labor processing to come to a complete standstill from April 2001 to sometime in the last summer/fall of 2002 (at least for VA/Philly), since the SESAs, which were used to handling about 10,000 labor cases during the course of a whole year reported getting upwards of 30,000-40,000 cases in April 2001 itself.

These people who were eligible to file for EB (even though they were illegal) in 2001 are now getting their 140s, etc approved, and are coming up for the 485 adjudications. I guess since they were mostly working in the 'lower end' jobs (no requirement for a Masters degree, or extraordinary ability, etc), they mostly lie in the EB3 category.

I think I read on Murthy's newsletter that as a result of an increased number of EB3 485 petitions, they now expect the EB3 visa availability to retrogress.

Hope this helps.

K
 
Cutting and pasting from Murthy website-
"The only proviso for employment-based cases is that it is possible for a backlog to develop in the Employment Third Preference (EB3), Other Worker category. This is a subcategory of EB3 for unskilled and semiskilled workers and does not impact other EB3 cases".

EB3 skilled workers shouldnt be affected by 245-i illegals. They will use up another counter.

But, there is always a probability that backlog might develop in EB3 or even EB2 in the future.
 
Top