Urgent : Eb2 / Eb3 ??

[h1b_transfter]

Hello,

I have finished MS and one year of experience before joining my current employer. They filed my AEC (Labor certification) application Jan 2005. Yesterday when I talked to lawyers I came to know that they filed my AEC in RIR EB3 instead of RIR EB2. I'm in trouble Is there any way to convert my current RIR EB3 application to RIR EB2 ? Someone told me that EB category get decided during I-140 phase. Do I still have chance ? My LC is not approved yet.

Appreciate your help.

 

[ginnu]

Hello,

I have finished MS and one year of experience before joining my current employer. They filed my AEC (Labor certification) application Jan 2005. Yesterday when I talked to lawyers I came to know that they filed my AEC in RIR EB3 instead of RIR EB2. I'm in trouble Is there any way to convert my current RIR EB3 application to RIR EB2 ?
---RIR is no more it is PERM

Someone told me that EB category get decided during I-140 phase. Do I still have chance ? My LC is not approved yet.

--------EB3 or EB2 depends on what kind of advertising company did and what education/exp was needed for job and what is asked on LC forms. You having a doctorate degree does not mean that employer will file in EB2 it all depends on company advertising for the post and most of the companies file EB3 because for EB2 the employer may be asked why they need Master degree .
Appreciate your help.