Urgent Help wanted :Lawyer filed in EB3 in place of EB2

[AnilMI]

Hi everybody,
please help me in my bad situation.

I am having BS (Mech Engineering from India)+ 9 years experience, my lawyer has suppose to file my case in EB2 but on June 27th He filed in EB3 which is now in "Final Review" stage. Since I am from India, EB3 labor is not going to help me in further GC processing? Can I refile under EB2? Is there any problem due to my current EB3 application? Please help.

Anil

 

[great guru]

Can PERM people explain where Eb2/Eb3?

Hi everybody,
please help me in my bad situation.

I am having BS (Mech Engineering from India)+ 9 years experience, my lawyer has suppose to file my case in EB2 but on June 27th He filed in EB3 which is now in "Final Review" stage. Since I am from India, EB3 labor is not going to help me in further GC processing? Can I refile under EB2? Is there any problem due to my current EB3 application? Please help.

Anil

Can any PERM people explain where in the ETA Form 9089, EB2/EB3 classification check box is mentioned.?

 

[knowDOL]

Great_guru,

Looks like you are a new bee to Labor certificatin system. In PERM or in the older system there is no direct item listed in application to tell EB2 or EB3. Labor Certication is considered as EB2 eligible to be filed at 140 stage only if the job requriement in Labor Certification process requires Masters + 0--n years experience or BAchelors + 5 --n years experience. Basically one should look to job requirements in order to determine EB2 or EB3 eligible LC.


AnilMI, Lawyers won't generally do that kind of mistakes, it might be a all planned event between your employer and attorney and just that you are not aware of it. Your salary might not suffice for Bachelors + 5 years requirement so they would have required Bachelors + 2 years and they are just now playing a game with you telling that it was a mistake.

If your employer is ready to file EB2 salary and EB2 PERM certification now, there is not much use until after you get your EB3 approval, may be you can try filing new case EB2, but by that time you will hear EB2 retrogression. But EB3 is not that bad if your spouse is not looking for EAD to work. You can file 140 and get three three year extensions on H1 instead of 1 year extensions. If your employer is decently good employer that can provide you stable job it is ok. Otherwise, look for a different company and move out.

 

[great guru]

Great_guru,

Looks like you are a new bee to Labor certificatin system. In PERM or in the older system there is no direct item listed in application to tell EB2 or EB3. Labor Certication is considered as EB2 eligible to be filed at 140 stage only if the job requriement in Labor Certification process requires Masters + 0--n years experience or BAchelors + 5 --n years experience. Basically one should look to job requirements in order to determine EB2 or EB3 eligible LC.


AnilMI, Lawyers won't generally do that kind of mistakes, it might be a all planned event between your employer and attorney and just that you are not aware of it. Your salary might not suffice for Bachelors + 5 years requirement so they would have required Bachelors + 2 years and they are just now playing a game with you telling that it was a mistake.

If your employer is ready to file EB2 salary and EB2 PERM certification now, there is not much use until after you get your EB3 approval, may be you can try filing new case EB2, but by that time you will hear EB2 retrogression. But EB3 is not that bad if your spouse is not looking for EAD to work. You can file 140 and get three three year extensions on H1 instead of 1 year extensions. If your employer is decently good employer that can provide you stable job it is ok. Otherwise, look for a different company and move out.

Hi, I have done very many labor certifications in Non-RIR, RIR, and now through PERM online and one through mail past 9 years here.

I know very well, the job offer only determine the Eb2/Eb3 category and not your experience or your wish or attorney wish or employer wish or MS or Ph.D degree.
Since lot of lament going on in this forum, instead of Eb2 attorney put Eb3 etc, I thought is there any new provision in the ETA Form 9089, that i may not aware? That is the reason i put the question.

Only in the I 140, the classification will be confirmed and your priority date will go accordingly.
203(b) (1) (A) Alien of Exra ordinary Ability
203 (b) (1) (B) out standing professor or researches
203 (b) (1) (C) Multinational Executive
203 (b) (2) Members of Professional with advanced degree or Exceptional ability EB2
Also requesting NIW in EB2
203 (b) (3) (A) (9) Skilled Workers EB3

 

[AnilMI]

Hi Everybody for your replies,
Hi Great_guru,
My lawyer promised me to file in EB2 after looking at my profile, even my employer is very helpful and ready to support for EB2. Secondly as per lawyer there is no issue with the prevailing wages also. Today after discussing with my lawyer he agree to refile my case in EB2 but now he wants some more money to do so. Also one of my lawyer's assistance written me that same thing happen to couple of another cases? I think my lawyer doing all this purposly. I saw my on line application and he had given 24 months required experience for the job. I am confused about my lawyers dicision.
I am in my 6th year of H1B, so its look difficult to change job at this point.
Please give your opinion.

Great_guru,

Looks like you are a new bee to Labor certificatin system. In PERM or in the older system there is no direct item listed in application to tell EB2 or EB3. Labor Certication is considered as EB2 eligible to be filed at 140 stage only if the job requriement in Labor Certification process requires Masters + 0--n years experience or BAchelors + 5 --n years experience. Basically one should look to job requirements in order to determine EB2 or EB3 eligible LC.


AnilMI, Lawyers won't generally do that kind of mistakes, it might be a all planned event between your employer and attorney and just that you are not aware of it. Your salary might not suffice for Bachelors + 5 years requirement so they would have required Bachelors + 2 years and they are just now playing a game with you telling that it was a mistake.

If your employer is ready to file EB2 salary and EB2 PERM certification now, there is not much use until after you get your EB3 approval, may be you can try filing new case EB2, but by that time you will hear EB2 retrogression. But EB3 is not that bad if your spouse is not looking for EAD to work. You can file 140 and get three three year extensions on H1 instead of 1 year extensions. If your employer is decently good employer that can provide you stable job it is ok. Otherwise, look for a different company and move out.

 

[great guru]

Hi Everybody for your replies,
Hi Great_guru,
My lawyer promised me to file in EB2 after looking at my profile, even my employer is very helpful and ready to support for EB2. Secondly as per lawyer there is no issue with the prevailing wages also. Today after discussing with my lawyer he agree to refile my case in EB2 but now he wants some more money to do so.
There you are. He capitalize our desperation. Atleast you are lucky enough to figure it out. Couple of hundered , worth it for a long wait. Good luck.
Also one of my lawyer's assistance written me that same thing happen to couple of another cases? I think my lawyer doing all this purposly. I saw my on line application and he had given 24 months required experience for the job. I am confused about my lawyers dicision.

I am in my 6th year of H1B, so its look difficult to change job at this point. (need some clarification, you mean job title with in the same company or want to move to new company. I am not getting you)Please give your opinion.