Labor approved in EB2 but during I140 filing found that it needs to be in EB3

[mshyd]

Hi,

 

My employer filed my labor in EB2 but at the time of filing I140 it was found that it needs to be EB3.

 

My scenario is as below

 

I have B.Sc (MPC) with GNIIT in India and 13 years IT experience (10 years in India + 3 years in US). When my labor was filed I was told that I am eligible for EB2 even when I mentioned that I do not have a master's degree. But when the I140 was about the file last week, the attorney of the law firm mentioned that my education does not qualify for EB2 requirement. Also the IT experience does not count for I140 and only education is the main requirement. I provided all the affidavits for my 10 year IT experience.

 

So my question is that,

 

1.Is it possible to file I140 in EB3 with approved labor in EB2. If this is not possible what all options are available?

2. Can I persue a master's degree now before the I140 is filed?

3. Or I need to file a new labor application in EB3 and later port to EB2? But this will take time and also during porting will they ask for 16 year education.

 

A very quick reponse very much appreciated.

 

[ateetshah]

Your attorney is right. Since you have 3 year bachelors degree it won't work for I-140 stage.

You need 12 + 4 = 16 years of education as minimum requirements.