Advise on EB3 to EB2 conversion strategy

[jason10]

Hello Gurus,

About me:

1. I hold 3 yr bachelors (Computer Science) + 2 yrs masters degree (Computer Science) from India, graduated in 2003. From 2003 -2007, worked in various companies in India.

2. 2007, came to US via consulting company A and started project at company C. In 2008, moved to Company B, continued same project at company C, eventually project completed and in 2010, company C offered fulltime position with another project and now they are filing for GC.

Labor Job description (Labor not filed YET):

Bachelors + 5 yrs OR Masters + 2 yrs for a senior dev position in job description (which i think would qualify for EB2).

Situation:

Attorney came back with this proposal/info. Since mine is 3 yrs bachelors, 5 yrs degrees may evaluate only to a 4 yr US bachelor degree and thats why they feel if they file in EB2 directly, it has higher chances of rejection. So they want to start the process in EB3 first. Once labor approved, file and get I-140 approved for EB3, than with that approved I-140 get H1 extended for 3 yrs. Now comes interesting part, after all that is done, they suggest that they can REFILE ONLY I-140 in "my case" to convert my case to EB3 to EB2. And I think they are saying that for 2 reasons. first to get my h1 extended for 3 yrs and secondly because they would have Bachelor + 5 yrs already in job description.

BUT I get conflicting information from other sources that to convert from EB3 to EB2, process needs to restart from Labor filing. does anyone have idea if its possible to just refile I-140 in such cases and convert from EB3 to EB2? When does the company/attorney need to indicate category for such PERM application, in Labor or in I-140?

Much appreciate your suggestions/guidance/comments. Thanks!

Regards

MS

[schintala]

You may not able to file to convert approved EB3 to EB2. It needs to be new PERM and I140 filing. Job requirement in PERM matters whether it can be filed in EB2 or EB3.

[Jyothis]

If you can get the experience letters from the companies you worked in India here, documenting your 5+ years experience prior to joining this company, I would say that you will have a case for BS + 5 years (EB2). It is usually a scare tactics some unethical companies play, saying that higher chance of rejection, so EB3. if you can document evidences, that is what really counts

Best of luck!

[chtummala]

they wont port it to EB2 .. they just want you on visas forever ..

if you can prove you are 5+ yr exp and your education is equivalent to US Undergrad .. you are eligible to file EB2 form your side ..

i dont know about your job description or your employer polices ..

strongly ask him to do it under EB2 ..

if you want to convert EB3 to EB2 they have to file a complete new gc process ie. PERM,I140..etc