Labour in EB2 but I140 approved in EB3

[shibu_k_mani@hotmail.com]

My labour was filed in EB2 in 2007 but there was an RFE on my I140 and I140 was downgraded to EB3 (approved in 2007). My employer did not informed me about this situation and I was in impression that my case is in EB2. Now when the date become current for EB2 then only I came to know that my case is now in EB3.

At the time of filing I had 6 work years of experience (in India).

I have done BSc (Mathematics) and MCM (Computer) in India. My Bachlors and PostGraudation added together give 5 Years of studies.

My question:

1. Can I use the same 2006 EB2 Labour and reapply for I140 now in 2011.

2. If else what is the best way I can proceed now and get my dates ported to EB2.

[redgreenbluee]

please consult a lawyer.

EB category is based on job requirements and not your credentials only. if the permanent job position offered only requires EB3 credentials, it cannot be classified as EB2 even if you have credentials that qualifies for EB2.

with an approved I-140, you can port/retain your PD when you find a job position (and you qualify for it) that requires EB2.

Originally posted by shibu_k_mani@*******.com:

My labour was filed in EB2 in 2007 but there was an RFE on my I140 and I140 was downgraded to EB3 (approved in 2007). My employer did not informed me about this situation and I was in impression that my case is in EB2. Now when the date become current for EB2 then only I came to know that my case is now in EB3.

At the time of filing I had 6 work years of experience (in India).

I have done BSc (Mathematics) and MCM (Computer) in India. My Bachlors and PostGraudation added together give 5 Years of studies.

My question:

1. Can I use the same 2006 EB2 Labour and reapply for I140 now in 2011.

2. If else what is the best way I can proceed now and get my dates ported to EB2.

[dec2008]

Yes you can use the old PERM to file in EB2. But you need to check what was the reason for RFE. Also, make sure you get your education evaluation done before you file I-140.

Also, you cannot file I-140 with old PERM for Premium Processing.

[chraju]

Hi

I am also same qualification as yours( BSC + MCM)

I applied in 2007 in EB2 and got denied.

please send me your contact details by email we will discuss.

Thanks,

Raj

[habeebulla]

I guess your BSc was 3 year. That was the reason your case became EB3. Your bachelor degree must be from a single source.

I had this same issue (3 year - BSc + 2 Year MSc) and consulted 4 different attorneys (Including Murthy) on this issue. All of them didn't want to file in EB2. Having said that, there are some successful cases that I know personlly with this type of combination degree (Lucky .....). I think USCIS doesn't consider masters as masters if your bachelor degree is less than 4 years.

I opted a time/money consuming solution to resolve this issue. I took an MBA and re-filed and approved in EB2.

[gsethug]

I guess your BSc was 3 year. That was the reason your case became EB3. Your bachelor degree must be from a single source.

I had this same issue (3 year - BSc + 2 Year MSc) and consulted 4 different attorneys (Including Murthy) on this issue. All of them didn't want to file in EB2. Having said that, there are some successful cases that I know personlly with this type of combination degree (Lucky .....). I think USCIS doesn't consider masters as masters if your bachelor degree is less than 4 years.

I opted a time/money consuming solution to resolve this issue. I took an MBA and re-filed and approved in EB2.

Hi,

I have same situation. can you please  give me your email or contact details to *************@gmail.com to get more clarity ?

Issue is i am going to be maxed out  in 6 months. i cannot afford to get new perm and i140.

Thanks.

[gsethug]

Hi

I am also same qualification as yours( BSC + MCM)

I applied in 2007 in EB2 and got denied.

please send me your contact details by email we will discuss.

Thanks,

Raj

 

my name @gmail.com

My labour was filed in EB2 in 2007 but there was an RFE on my I140 and I140 was downgraded to EB3 (approved in 2007). My employer did not informed me about this situation and I was in impression that my case is in EB2. Now when the date become current for EB2 then only I came to know that my case is now in EB3.

At the time of filing I had 6 work years of experience (in India).

I have done BSc (Mathematics) and MCM (Computer) in India. My Bachlors and PostGraudation added together give 5 Years of studies.

My question:

1. Can I use the same 2006 EB2 Labour and reapply for I140 now in 2011.

2. If else what is the best way I can proceed now and get my dates ported to EB2.

[gsethug]

All i  am worried is  to  get  my current  labor  and i140 active  either eb2 or eb3. so that i can stay here. Jun 2015  i am going to complete  6thyear.