Please Advise - EB2 or EB3?

[shirley06]

I recently received my LC through PERM. The job description states BS in Mechanical, Electrical or Industrial Engineering with 5 years of experience. Unfortunately, my company did not add on "OR Masters with 3 years of experience." I qualify for both, however. As it is, I'm now in a predicament of two choice - filing I-140 under EB-2 or EB-3.


A few months ago, when we were filing for PERM, my lawyer said that BS + 5 years = EB2. Now, she is advising me to file for EB-3 to be on the safe side (but we are all aware of the unbelivable WORLDWIDE retrogression on EB-3). She did say I can choose to file for the riskier EB-2. According to her, there have been rejections because more people are now filing for EB-2's so applications are being rejected even though the requirements are BS+5 years. Is this true?

Has anyone's application been rejected or approved for a EB2 using BS+5 years? Please give me your opinion and let me know your experience to help me decide.

Thanks!

Shirley

 

[newbies]

I recently received my LC through PERM. The job description states BS in Mechanical, Electrical or Industrial Engineering with 5 years of experience. Unfortunately, my company did not add on "OR Masters with 3 years of experience." I qualify for both, however. As it is, I'm now in a predicament of two choice - filing I-140 under EB-2 or EB-3.


A few months ago, when we were filing for PERM, my lawyer said that BS + 5 years = EB2. Now, she is advising me to file for EB-3 to be on the safe side (but we are all aware of the unbelivable WORLDWIDE retrogression on EB-3). She did say I can choose to file for the riskier EB-2. According to her, there have been rejections because more people are now filing for EB-2's so applications are being rejected even though the requirements are BS+5 years. Is this true?

Has anyone's application been rejected or approved for a EB2 using BS+5 years? Please give me your opinion and let me know your experience to help me decide.

Thanks!

Shirley

If you have the BS degree and 5 year provable progressive experience after the BS degree, you could go ahead on EB2.
BS+5 = EB2 or EB3.

 

[munnu77705]

I recently received my LC through PERM. The job description states BS in Mechanical, Electrical or Industrial Engineering with 5 years of experience. Unfortunately, my company did not add on "OR Masters with 3 years of experience." I qualify for both, however. As it is, I'm now in a predicament of two choice - filing I-140 under EB-2 or EB-3.


A few months ago, when we were filing for PERM, my lawyer said that BS + 5 years = EB2. Now, she is advising me to file for EB-3 to be on the safe side (but we are all aware of the unbelivable WORLDWIDE retrogression on EB-3). She did say I can choose to file for the riskier EB-2. According to her, there have been rejections because more people are now filing for EB-2's so applications are being rejected even though the requirements are BS+5 years. Is this true?

Has anyone's application been rejected or approved for a EB2 using BS+5 years? Please give me your opinion and let me know your experience to help me decide.

Thanks!

Shirley

in which eb category u filed ur labor..i thought u can file ur i140 only in that category..

 

[shirley06]

You're right - the EB category wasn't chosen during labor certification. We discussed it then however, when we had to word the advertisement. At that time I was told that the wording of the ad would be EB2. Now I'm being told otherwise.

in which eb category u filed ur labor..i thought u can file ur i140 only in that category..

 

[bo5i]

Same situation here

Shirley, same situation here, the only difference is i haven't filed my labor and would be doing in a months time. I too have 5+years of experience and bachelors in engineering. The ads didn't mention anything about MS as a requirement.

 

[kae_jolie]

read my recent article that I posted today "Is my I-140 an EB-2 or EB-3...." and please let me know what you guys think....I really need some peace here.

Thanks..

P.S. They don't go by ads when they do your I-140. They go by sections 14 and 15 and your education section...Am I right or wrong?

 

[madur]

Ads don't matter

Whatever you said is right. Ads don't matter, what is in the application matters. As per my attorney, in case or RIR, the ads need to have minimum requirement. My ads said BS + 2 years and my ETA750 form said MS + 2 years and my labor and 140 are approved and I am waiting for 485 dates to be current.

 

[Chicago Desi]

Whatever you said is right. Ads don't matter, what is in the application matters. As per my attorney, in case or RIR, the ads need to have minimum requirement. My ads said BS + 2 years and my ETA750 form said MS + 2 years and my labor and 140 are approved and I am waiting for 485 dates to be current.

I am surprised to read this. I thought that the ads and ETA9089/ETA750 *must* match.

 

[WellWisher007]

Does this mean that an I-140 can be applied through EB2 (provided the applicant has BS+5 or MS qualification), even though the labor mentions BS + 2?

Am I reading your interpretations correctly?.

I am surprised to read this. I thought that the ads and ETA9089/ETA750 *must* match.

 

[merovingian]

Whatever you said is right. Ads don't matter, what is in the application matters. As per my attorney, in case or RIR, the ads need to have minimum requirement. My ads said BS + 2 years and my ETA750 form said MS + 2 years and my labor and 140 are approved and I am waiting for 485 dates to be current.

Well you are lucky DOL did not audit you. They still have 5 years to do it, but hopefully you will be fine. Ads do matter, that is why you never want to put years of experience in them. You should advertise as general as possible( like exp. in blah blah blah).
How will your employer justify BS + 2 ad and then not calling candidates for interview because they did not have BS + 5?

 

[merovingian]

I am surprised to read this. I thought that the ads and ETA9089/ETA750 *must* match.

There are DOL requirements for ads. I do not remember but I think you can skip the experience part(how many years). There should be Company name, address, position and etc.
What is definitly not acceptable is to have different ad and job desctiption in form. Job description must derive from the ad.

 

[Chicago Desi]

Does this mean that an I-140 can be applied through EB2 (provided the applicant has BS+5 or MS qualification), even though the labor mentions BS + 2?

Am I reading your interpretations correctly?.

Absolutely not. I was surprised at what madur wrote b/c AFAIK both ads and ETA have to be identical, specially for EB2.

 

[gcstrat]

do Eb2

Disclaimer: I am not a lawyer. Anything I write here use it at your OWN RISK.

Shirley06

I think you can do EB2.

BS+5 is the MINIMUM requirement. You said you meet this requirement as well as Masters+3. You can do EB2. You can never anticipate what USCIS may do.

BTW, What does your (not your company's) lawyer say? Consult a GOOD lawyer fast, if you haven't.

Regards
GCStrat

 

[madur]

Well you are lucky DOL did not audit you. They still have 5 years to do it, but hopefully you will be fine. Ads do matter, that is why you never want to put years of experience in them. You should advertise as general as possible( like exp. in blah blah blah).
How will your employer justify BS + 2 ad and then not calling candidates for interview because they did not have BS + 5?

When I applied in June 2003 everything was current and I never bothered. When EB3 retrogressed, I checked several times with my attorney and she always said the ads should be generic. But everyone in the forum said the ads should mention masters degree or BS+5 years. I just kept my fingers crossed, till I saw the I140 approval notice with advanced degree.

The ads are for not calling people, but to prove that there are none available and min. qualifications is what you should specify. It also makes sense in a way, because the ads were for 2 postions and just advertised as programmer analysts with min. 2 years and mine was EB2 and other was EB3.