farid717 Posted June 22, 2011 Report Share Posted June 22, 2011 Hi all, My PERM has been applied at the end of last month. I had to do a little argument with the lawyer before to make it EB2 category (have MS plus 2 yrs experience) cause he wanted to go for EB3. But today when I called and asked if he applied in EB2 category or not he said EB2 or EB3 come into play after the labor approval and during the application of I-140, PERM has nothing to do with EB2 or EB3. There is no way to indicate EB2 or EB3 for labor application. I became little confused cause all these years I knew the labor gets approved either in EB2 or EB3 category. Is he telling the truth? Please reply. Link to comment
pontevecchio Posted June 22, 2011 Report Share Posted June 22, 2011 He is correct. EB2/EB3 is decided after PERM Approval and is based on the job requirements and your credentials. Link to comment
Joe.F Posted June 22, 2011 Report Share Posted June 22, 2011 The I-140 is where EB2 or EB3 is indicated, but it is based on the job requirements as specified in the LC. Link to comment
Raj_Chicago Posted June 22, 2011 Report Share Posted June 22, 2011 I think your lawyer/company is trying to trick you. Ask him to send a copy of the Labor application that should be good enough to tell whether he applied for EB2 or EB3. Originally posted by farid717: Hi all, My PERM has been applied at the end of last month. I had to do a little argument with the lawyer before to make it EB2 category (have MS plus 2 yrs experience) cause he wanted to go for EB3. But today when I called and asked if he applied in EB2 category or not he said EB2 or EB3 come into play after the labor approval and during the application of I-140, PERM has nothing to do with EB2 or EB3. There is no way to indicate EB2 or EB3 for labor application. I became little confused cause all these years I knew the labor gets approved either in EB2 or EB3 category. Is he telling the truth? Please reply. Link to comment
veni001 Posted June 22, 2011 Report Share Posted June 22, 2011 He is absolutely correct! Minimum job requirement from the certified PERM dictates the category when applying for i140. An approved i140 confirms your GC category. Link to comment
iProfile Posted June 22, 2011 Report Share Posted June 22, 2011 Yes, this is correct, Labor has nothing to do with EB2 or EB3.. Link to comment
farid717 Posted June 23, 2011 Author Report Share Posted June 23, 2011 Thank you very much everybody for all these answers. Link to comment
visapims Posted June 23, 2011 Report Share Posted June 23, 2011 PERM doesn't decide whether it's EB2 or EB3 but the job description in the PERM application decides that. You can get a copy from your lawyer and review it. Link to comment
t75 Posted June 24, 2011 Report Share Posted June 24, 2011 Arguing with the professional shows very poor judgment. What makes you think you know more than someone whose business it is to practice immigration law? Link to comment
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