Please suggest me. totally confused!!!

R

ramse123

New Member
My employer screwed up my green card process.He told me that he had approved labour for EB2 and applied for me.i'm new comer and i have no idea whats the difference b/n Eb2 and Eb3 at that time.Its priority date is 04 April 04.Now when i ask him to send me the papers for applying the I-485, he is telling me that he had applied it under EB3, though i'm eligible for EB2(Masters+ 7 years of IT experience). Now i got labour approved , I-140 approved.
My questions are:
1) How can i know whether my employer applied for EB2 or EB3?
is there any way out to know based on ETA case no etc.,
2) Can i convert EB3 to EB2 now, if so what will be the procedure and what will be the prioroty date?
3)Am i eligible to PERM processing for EB2 now?If so how long does it take for approval?
4)How long does it take to get to this priority date under EB3?
5)Is there any better way to carry over the PD and I-140 approval if i apply fresh under EB2?
Please suggest me if you have any better ideas?

Thanks in advance.

Ramse
 
ramse123
If the job requirement in labor certification are a minimum Masters degree OR bachelors plus 60 months experience it is EB2 or else EB3, the only way is to look at ETA 9089, for converting EB3 to EB2, you have to start from scratch. In fact all labor certifications go through PERM, currently processing time is around 3-4 months. If i understand correctly, you can port priority date from a previously approved labor/I-140 to a new I-140
 
thanks for the reply.in fact i have masters degree and 7+ years of experience.
On my I-140 approval i could see only ETA 750(A) and (B).what is ETA 9089?
My approved labour priority date is 04 April 04.Can you please tell me more on porting the priority date to the new I-140?You mean to say,If i want to convert Eb3 to Eb2 shall i first apply for new labour under EB2 and then while applying for I-140,i can give the prioritydate as the old approved I-140?
How much time do you think this will take?In your opinion, what is the best way,either apply new Labour and port the PD to new I-140 or just wait for the EB3 PD to pass by?
I'm getting a feeling that i can't trust my employer:)
please suggest me.
 
ETA 9089 is newer version of labor certification, look into ETA 750 A & B what is minimum education requirements, for porting, yes you might have to file new PERM/I-140, and can carry old labor's priority date for future I-485 filing and country chargeability, as i said earlier, labor certifications are taking around 3-4 months from time of submission until certification. Total number of employment based visas would open up from 1st october 2008, which is start date of fiscal year 2009. I am hoping visa dates should move faster, now that PERM is in place (check and balance method), whereby they can accurately assess the demand/supply for number of visas, earlier it was conventional/traditional/physical filings methods were used to figure demand and supply which was highly erratic and unpredictable
 
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