Filing EB3 Instead of EB2

[innovate1216]

Hello Every one

 

My company is ready to file Permanent residence but they want to  file under EB3 instead of EB2 which i am qualified since i have done my masters here and also i have 5 plus years of experience , As far as i know either based on  masters (masters plus 2 )or bachelors(bachelors plus 5 ) I should be eligible for EB2 right ?  , It seems because they say that my job description says 3 -5 years of experience required  and so they will file under EB3. can you please help he how to approach them on this ?

[ashuneel]

If they say that job description says 3 -5 years of experience required, I assume Bachelors + 3-5 yrs exp. This will clearly qualify  for EB3 as minimum requirements are  considered first. So Bachelors + 3 yrs is minimum in this case.

Unless it says MS +3-5  years it will not qualify for EB2.

The attorney works for the employer so their job is to get PERM approved in the category they feel has the best  chance for success. You need to stay out of this.

[innovate1216]

Thanks Ashuneel for reply ..  Is there a way i can discuss with my client which would force them to apply for EB2 .. I am worried it would be very late if they file under EB3 to get my EAD .

What other options do i have ..

[innovate1216]

If they say that job description says 3 -5 years of experience required, I assume Bachelors + 3-5 yrs exp. This will clearly qualify  for EB3 as minimum requirements are  considered first. So Bachelors + 3 yrs is minimum in this case.

Unless it says MS +3-5  years it will not qualify for EB2.

The attorney works for the employer so their job is to get PERM approved in the category they feel has the best  chance for success. You need to stay out of this.

If position says Bachelors plus 5 years then i should be qualified for EB2 right ?

[ashuneel]

If position says Bachelors plus 5 years then i should be qualified for EB2 right ?

yes. It should say Bachelor + minimum 5 yrs. 

[innovate1216]

Thanks Ashuneel for  reply ..... What so you suggest for me in this case should i proceed with Eb3 ?  .. I have verified with my client and they are not ready to change the requirement (it will be left has 3 - 5 years ) , they are saying if they change the requirement (to 5 plus as minimum ) it would be problem for them as USCIS might ask all the resumes under this job position ( which will not happen i guess ) , presently they are people working from 5 to 20 years of experience on the same position , i am pretty sure there are no one with less than 5 years of experience .

 

Whats the difference in processing time for EB2 and EB3 . how many years it will differ compare to EB2 and EB3 

[ashuneel]

what was the qualification of people working  on the same position when they were initially hired? gaining 5-20 years exp after joining the  company is not as important. If there is even1 person in the company with same job position as you who had less than 5 yrs exp when he/she was initially hired then EB2 cannot be used.

the difference in processing time for EB2 and EB3 depends on country of chargebility.

If they do not change the requirement it will have to be EB3.

[rahul412]

Thanks Ashuneel for  reply ..... What so you suggest for me in this case should i proceed with Eb3 ?  .. I have verified with my client and they are not ready to change the requirement (it will be left has 3 - 5 years ) , they are saying if they change the requirement (to 5 plus as minimum ) it would be problem for them as USCIS might ask all the resumes under this job position ( which will not happen i guess ) , presently they are people working from 5 to 20 years of experience on the same position , i am pretty sure there are no one with less than 5 years of experience .

 

Whats the difference in processing time for EB2 and EB3 . how many years it will differ compare to EB2 and EB3 

You cannot ask your employer to changet the requirements.

For now go with EB3, in future you can port it to EB2

[innovate1216]

Ok thanks rahul412 ,,, As said If i continue with eb3 and then in future if i change to EB2 with different employer , is there a chance that my current company might revoke my I140 which might effect my porting process  and will loose my current date .

 

Whats the difference between Eb3 and eb2 processing time for getting GC .

[rahul412]

Ok thanks rahul412 ,,, As said If i continue with eb3 and then in future if i change to EB2 with different employer , is there a chance that my current company might revoke my I140 which might effect my porting process  and will loose my current date .

 

Whats the difference between Eb3 and eb2 processing time for getting GC .

I140 revocation doesn't effect porting.

For EB processing times, check visa bulletin.

[ashuneel]

there is always a chance that current company might revoke my I140 but it will not effect  porting process  and you will not loose your current date (priority date) .

[innovate1216]

Thanks for the reply ashuneel .. when I have checked online i see that if see information that if  a company revokes I140 then I140 cant be transferred and priority date will be  gone . 

[ashuneel]

I -140 cannot be transferred as it is employer specific. It does not matter if it is revoked or not there is no such thing as transfer. Priority date can be transferred and  will not be lost even if I-140 is revoked.

[JoeF]

Thanks for the reply ashuneel .. when I have checked online i see that if see information that if  a company revokes I140 then I140 cant be transferred and priority date will be  gone . 

 

That's why it is a bad idea to rely on some rumors from unqualified online sources.

An I-140 can NEVER be transferred. An I-140 is employer-specific.

If you have an approved I-140, even if it is revoked later (unless it was revoked by USCIS for fraud), you can reuse the PD.

[innovate1216]

Thanks for the reply ..  It was really helpful.... One more question what if client says if they change the requirement as preferred bachelors with 5 years of experience or preferred masters degree for the position i am in . After that changes will i be qualified for EB2 . ?

[JoeF]

Such a requirement change would be seen as bogus. Forget about trying to manipulate the system. It  would only backfire.