old filing under EB3-NONRIR AND NEW Filing under PERM - EB2 by the same employer

[bharatpremi]

Hi All,

My employer filed GC under EB3-NON RIR (PD: July 2003, Now in Philadelphia backlog center, no clue where it stands now ). This is my 7th year on H1. Seeing the unavailability of EB3 and Octopus speed of Backlog centers I am thinking to apply NEW APPLICATION under PERM - EB2 category from the same employer. Employer said he does not have any problem as long as I bear the total expense of new PERM filing. Now my questions are as under.

- I want PERM to be filed under EB2 category ( Same skill set but can
produce bachelor + 5 yrs experience proof ) from same
employer while he filed old on eunder EB3 category. Is there any problem for
filing under EB2 category for PERM? How risky this can be?

- Is it legal to bear total expense by an employee for PERM filing?

- What care should be taken to get this throuh successfully?


Thanks for any help.

Sat Shri Akal
Namaskar

- Bharat Premi

 

[bekugc]

my reply

my employer has succesfully done 3 cases like urs.

all 3 cases were 2002 non-RIRs (NY state) and Perm was applied in July 05 under EB-2. all of them got approved in 2 weeks ( one just took 2 days).
2 of them were Masterdegree + 'n' yr and one was BS + 7yrs.

company was not willing to spend money, so the employees itself funded the
whole operation ( money for AD, consultation, lawyer, fees etc)

there were no tricks done, Just get a good lawyer, follow the AD and recruiting rules properly, fill up perm form correctly. very good chance that it

they r all jumping with joy now.