Need advice on EB2/EB3

[abc_xyz]

My Company is Planning to file my 140/485 under EB2 using labor substitution.I have BE + 10 years of experience of which atleast 8 years of relevant experience.

-Labor is for MS + 2 Years experience or BS + 5 Years Experience.

My lawyer is saying that she can file case only in EB2 category.

-Is it good idea to file it in EB2 cateory at this time when EB2 is already lagging behind by more than an year?I was tempted to get it filed under EB3 as it is moving much faster and I don't have much time left in H1??

Can somone thorw lights on this?

-Thanks.

 

[karns]

My Company is Planning to file my 140/485 under EB2 using labor substitution.I have BE + 10 years of experience of which atleast 8 years of relevant experience.

-Labor is for MS + 2 Years experience or BS + 5 Years Experience.

My lawyer is saying that she can file case only in EB2 category.

-Is it good idea to file it in EB2 cateory at this time when EB2 is already lagging behind by more than an year?I was tempted to get it filed under EB3 as it is moving much faster and I don't have much time left in H1??

Can somone thorw lights on this?

-Thanks.

I think your lawyer is right. Since the requirement for the position is MS+2 or BS+5 which is equivalent to EB2.

Why do you worry about H-1. Since your labor is approved, once you file I-140/I-485 you will have two options:
a. Apply for EAD/AP
b. Apply a 7th Year extension.

Anyways I-140 for EB2 and EB3 are not much apart and they have been approving applications randomly. I think most important for you at this time is to send in your I140/I-485 as soon as possible.

Hope this helps