Can I refile I-140 in EB2 using same labor?

[rajmehta]

Hi,

Have US Masters degree.

While filling application for i-140 by mistake Petition Type related to EB3 was selected, and i-140 got approved in EB3.

So far (4 years) I was under impression that I am in EB2 category. Somehow recently I came to know that I am in EB3 and NOT EB2.

Question: Can I Re-File I-140 in EB2 using SAME labor? (according to lawyer labor was filed complying EB2 rules) Has anyone done this ?

Thanks in advance for your valuable suggestions.

Raj

[veni001]

What is the minimum job requirement mentioned in the PERM labor?

[Jignesh1972]

Why do'nt you just file new perm and I140 and port the PD from old I140. what your attorney is saying what is the best possible option !

[rajmehta]

@veni001

Perm LC says BS+5 OR MS+2 Years of Experiance.

@Jignesh1972

Why to go from very first step while can be done from second. Lawyer is suggesting to amend I-140 in EB2 category. Since it is same employer and labor certification was approved in EB2 can skip this.

Thanks

Raj

[Attorney_15]

Generally, if the requirements on the LC satisfy the definition of EB2 and the beneficiary's credentials satisfy the EB2 definition, it is possible to re-file an I-140 requesting EB2 classification without doing a new LC.

However, whether to do this in any specific case is a decision that one should make after consulting with an experienced attorney who can advise a person based on his or her own circumstances.

[rajmehta]

Thank you Murthy Law Firm Attorney 15 for response I would do as directed.

Raj