Mistake in perm

[simpleque]

Please advise as to how a mistake in previous EB3 labor by previous employer

can be corrected while porting to Eb2.

While filing labor in Eb3, highest level relevant to the requested occupation

was selected as Bachelor's in J 11 of 9089 form, though masters was complete 1 year before filing labor.

J. Alien Information (This section must be filled out. This information must be different from the agent

or attorney information listed in Section E).

11. Education: highest level achieved relevant to the requested occupation:

Bachelor’s

Master’s

Doctorate

Other

Section h for the eb3 job contained bachelors as the min level required

H. Job Opportunity Information (Where work will be performed)

Education: minimum level required:

Bachelor’s

Master’s

while trying to file eb2 2 years after masters ( since eligible for eb2) and port prioirty date, i am worried

about how the above mistake done by previous attorney for filing eb3

can be corrected. the previous attorney is untraceable and previous

employer is not entertaining any queries by ex-employees. is this the way it is

normallly filed for eb3 though the candidate has masters or

20 years of education . or was this a mistake done by previous attorney.

please advise. thank you in advance for your help.

[pontevecchio]

Since the job requirements dictate the EB classification I suspect the previous filing has no connection to the current one.

[simpleque]

thank you for your reply. but what i dont understand is - is this way question J. 11 is usually answered for eb3 regardless of whether the highest education is masters. is it a mistake while filing 9089 or is it correct. because i am worried it may come up why it was filled incorrectly.

[pontevecchio]

If the new job requires at minimum Bachelors plus 5 years or Masters per se then the job qualifies for EB2 and this is decided at I-140 approval stage. Unless you are suspecting any previous fraud the previous filing should have no meaning to you. On the other hand you may have a Doctorate and if sponsored for an entry level position calling for a Bachelors Degree then it is EB3.

[simpleque]

thank u for ur help. i have to rephrase my question.

for a eb3 job requirement which needs bachelors plus 2 years experience, i

understand that bachelors will be selected in section

H. Job Opportunity Information (Where work will be performed)

but there is another section J. Alien information

J. Alien Information (This section must be filled out. This information must be different from the agent

or attorney information listed in Section E).

11. Education: highest level achieved relevant to the requested occupation:

Bachelor’s Master’s Doctorate Other

taking the above example of a doctorate, if there is an alien with a doctorate applying for the eb3

requirement, will section J.11 contain bachelors since the job requires only a bachelors or doctorate.

please advise if H.11 and J.11 both will be the same regardless of the alien's doctorate.

i appreciate ur help.

[pontevecchio]

I cannot help with the PERM/Labor forms which in any case needed to be filed by the potential employer. If you are suspecting problems talk to a Lawyer.

[bvsamrat]

In the previuous reply, it is clearly said even a highly qualified PHD with 40 years experience can get qualfied as EB3 foor a job that requires bacheloes degree with 2 years experience, provided there is no local candidate eligible

At the time of I-140, they check with if the PHD applicant has also have bacheloes degree with 2 years relevant experience suited to the job.

[pontevecchio]

This is making no sense. Please spend some money on a Lawyers opinion.