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sreekanth
09-13-2006, 06:38 PM
Friends,
I have a Master degree from India. When I started my GC process before 5 yrs I requested my lawyers to file under EB2 Category. They said that there was not much difference in the processing time between EB2 and EB3 and the chance of EB3 getting approved is higher than the EB2 category. They filed my case under EB3. (Of course they would not have expected the retrogression to kick in).
My PD is Dec-02.
With the way the things are going on for EB3 I think I might stand a better chance with EB2.
Please let me know what are the steps involved in moving my case from EB3 to EB2 and what are the implications on my PD?
Appreciate your input.

rbharol
09-13-2006, 06:45 PM
Friends,
I have a Master degree from India. When I started my GC process before 5 yrs I requested my lawyers to file under EB2 Category. They said that there was not much difference in the processing time between EB2 and EB3 and the chance of EB3 getting approved is higher than the EB2 category. They filed my case under EB3. (Of course they would not have expected the retrogression to kick in).
My PD is Dec-02.
With the way the things are going on for EB3 I think I might stand a better chance with EB2.
Please let me know what are the steps involved in moving my case from EB3 to EB2 and what are the implications on my PD?
Appreciate your input.

You can not Switch the case from one catagory to another.
You have to file a new case.

imcdude
09-13-2006, 08:44 PM
You CAN switch from EB3 to EB2.
How do I know? I did that sucessfully.

You have to file an amendment to your original certified I-140. Note that the original position mentioned in the Labor certification petition should be consistent with EB2.

kannan
09-13-2006, 09:20 PM
Mine is EB-2 to EB-3

If one has an approved I-140 in EB 2 from current employer, can another Employer capture this PD to file a new EB-3 in PERM

dan19
09-13-2006, 09:26 PM
All depends on the position description.
The position should ask for a Masters or equivalent.

But again ask an attorney.

Friends,
I have a Master degree from India. When I started my GC process before 5 yrs I requested my lawyers to file under EB2 Category. They said that there was not much difference in the processing time between EB2 and EB3 and the chance of EB3 getting approved is higher than the EB2 category. They filed my case under EB3. (Of course they would not have expected the retrogression to kick in).
My PD is Dec-02.
With the way the things are going on for EB3 I think I might stand a better chance with EB2.
Please let me know what are the steps involved in moving my case from EB3 to EB2 and what are the implications on my PD?
Appreciate your input.

gcseeker2002
09-14-2006, 08:11 PM
You CAN switch from EB3 to EB2.
How do I know? I did that sucessfully.

You have to file an amendment to your original certified I-140. Note that the original position mentioned in the Labor certification petition should be consistent with EB2.
Can you explain this process, I am sure it will help hundreds of Eb3 candidates with I140 approved. This will be a revolutionary plan. I also sent a IM to you . Appreciate your response.

pcbadgujar
09-19-2006, 04:42 PM
Hi Dear,
I would highly appreciate if you could explain the process of changing from EB3 to EB2. I have EB3 I-140 approved and I need to change to EB2 as I have Master's from US university and 8 + years of experience.

1. Can I change the job and have new employer file GC in PERM and new I-140 using old priodiry date ?

2. Can I change the existing I-140 to EB2 in current company ? How ?

Thanks,
Pankaj

GoneSouth
09-20-2006, 01:27 PM
Hi Folks, I am in the process of switching from EB-3 to EB-2 myself. The key to filing EB-2 vs. EB-3 is the qualifications required by the position, NOT the qualifications possessed by the candidate. You might have a Ph.D and 25 years experience, but if you're being hired for a Computer Programmer position, you cannot file EB-2.

How do you know if your position is EB-2 eligible? You can look on the DoL foreign labor certification website (www.flcdatacenter.org), for your job category, if it says Job Zone 5 or higher, the position qualifies for EB-2. I have heard that certain Job Zone 4 positions have qualified for EB-2, such as "senior software enginer" or "senior systems analyst", however I have been advised by two different lawyers at two different firms that this is not the case.

You can only amend your I-140, like the previous poster stated, *IF* the original labor certification was for a position that would normally qualify for EB-2 (e.g., "Computer Information Systems Manager" - Job Zone 5) and for some reason your dumbass lawyer filed as EB-3. Otherwise, if your labor certification is for a position that would normally only qualify for EB-3, your employer/sponsor will need to come up with a new position that *does* qualify for EB-2 and then you have to restart the entire process.

wahwah
09-20-2006, 04:06 PM
my perm eb2 application was posted as marketing manager under job zone 4....so your statement that only job zone 5 qualify for EB2 is not correct.

Hi Folks, I am in the process of switching from EB-3 to EB-2 myself. The key to filing EB-2 vs. EB-3 is the qualifications required by the position, NOT the qualifications possessed by the candidate. You might have a Ph.D and 25 years experience, but if you're being hired for a Computer Programmer position, you cannot file EB-2.

How do you know if your position is EB-2 eligible? You can look on the DoL foreign labor certification website (www.flcdatacenter.org), for your job category, if it says Job Zone 5 or higher, the position qualifies for EB-2. I have heard that certain Job Zone 4 positions have qualified for EB-2, such as "senior software enginer" or "senior systems analyst", however I have been advised by two different lawyers at two different firms that this is not the case.

You can only amend your I-140, like the previous poster stated, *IF* the original labor certification was for a position that would normally qualify for EB-2 (e.g., "Computer Information Systems Manager" - Job Zone 5) and for some reason your dumbass lawyer filed as EB-3. Otherwise, if your labor certification is for a position that would normally only qualify for EB-3, your employer/sponsor will need to come up with a new position that *does* qualify for EB-2 and then you have to restart the entire process.

cardamon
09-20-2006, 05:08 PM
How do I figure out whether my labor certification qualifies for EB2 or not? The original position calls for master degree or 5 years of experience, but I know that for EB2 position, compared to EB3, more stuff need to be done in terms of advertisement etc., and lawyers most likely did not bother with it.
What kind of additional evidence can be filed with the I-140 amendment?

chocolate
09-30-2006, 12:30 AM
You CAN switch from EB3 to EB2.
How do I know? I did that sucessfully.

You have to file an amendment to your original certified I-140. Note that the original position mentioned in the Labor certification petition should be consistent with EB2.

I am also in same situation.Looking to change from EB3 to EB2 .Can you please elaborate as to how to do this.Thanks in advance.

chocolate
09-30-2006, 12:46 AM
Hi Folks, I am in the process of switching from EB-3 to EB-2 myself. The key to filing EB-2 vs. EB-3 is the qualifications required by the position, NOT the qualifications possessed by the candidate. You might have a Ph.D and 25 years experience, but if you're being hired for a Computer Programmer position, you cannot file EB-2.

How do you know if your position is EB-2 eligible? You can look on the DoL foreign labor certification website (www.flcdatacenter.org), for your job category, if it says Job Zone 5 or higher, the position qualifies for EB-2. I have heard that certain Job Zone 4 positions have qualified for EB-2, such as "senior software enginer" or "senior systems analyst", however I have been advised by two different lawyers at two different firms that this is not the case.

You can only amend your I-140, like the previous poster stated, *IF* the original labor certification was for a position that would normally qualify for EB-2 (e.g., "Computer Information Systems Manager" - Job Zone 5) and for some reason your dumbass lawyer filed as EB-3. Otherwise, if your labor certification is for a position that would normally only qualify for EB-3, your employer/sponsor will need to come up with a new position that *does* qualify for EB-2 and then you have to restart the entire process.

the occupation code description for which the labor was filed for me is

Job Zone Four: Considerable Preparation Needed

Overall Experience A minimum of two to four years of work-related skill, knowledge, or experience is needed for these occupations. For example, an accountant must complete four years of college and work for several years in accounting to be considered qualified.
job training:Employees in these occupations usually need several years of work-related experience, on-the-job training, and/or vocational training.

Job Zone Examples Many of these occupations involve coordinating, supervising, managing, or training others. Examples include accountants, human resource managers, computer programmers, teachers, chemists etc.
But education:Most of these occupations require a four - year bachelor's degree, but some do not.
Will this qualify to convert from Eb3 to Eb2.Any inputs.

redmd567
10-19-2006, 05:19 PM
My employer and I have started the processing of my green card and we already have the Certified Form 9089. Before we file for I-140, we would like to know if this is an EB2 or EB3 category so we can use the interim rule on the concurrent filing of I-140 and I-485.
Here are some information:
Employer: Private Technical/Vocational School
Job Information: Medical Technology Instructor (NAICS Code 611519)
Minimum requirement: Bachelor of Science in Medical Technology(BSMT), 2 years experience, Masters degree preferred
Employee Information: BSMT (graduated 1990), with 10 years experience , Doctor of Medicine (1999); Currently on H1B visa-extended (will expire 2008) with the same employer

Thank you very much

ramraj_02
10-20-2006, 12:33 PM
Here is my lawyers response in my case (EB3 -> PD : Nov-2002, I-140 Approved) regarding EB-3 to Eb-2
***********************************
Now that your EB-3 I-140 has been approved, your Nov 2002
is secure and can be applied to any EB3/EB2 petition regardless of preference category.
************************************

Thanks, Hope this helps.

Vish
10-22-2006, 06:08 PM
Any recommendation on an attorney who has some successful cased with moving from EB3 to EB2?

BharatPremi
10-23-2006, 04:52 PM
Can you explain this process, I am sure it will help hundreds of Eb3 candidates with I140 approved. This will be a revolutionary plan. I also sent a IM to you . Appreciate your response.

If everybody will seek to this then it will be no more revolutionary and attractive. All will again stand in a EB2 Queue in place of EB3 Queue.

nozerd
10-23-2006, 05:12 PM
Yes but as long as PD For EB3 is earlier than PD for EB2 this is bound to happen.

mjadala
10-24-2006, 01:12 PM
I would be very interested in knowing as well how we can file one's case under Eb2 after the Labor Certifcation was filed under EB3.
Also whats the worst thing that can happen if your 485 is denied under Eb2.
Will you be just asked to refile under EB3 whenver it becomes avaialable or will you whole GC application be denied?

I am just asking this to assess the risk involved in this process of filing under EB2.

Thanks

codywang
02-05-2010, 08:27 PM
GoneSound,

May I have you lawyer's contact information? I would like to see if I can go from EB-3 to EB-2, too.

Thanks
Cody

Hi Folks, I am in the process of switching from EB-3 to EB-2 myself. The key to filing EB-2 vs. EB-3 is the qualifications required by the position, NOT the qualifications possessed by the candidate. You might have a Ph.D and 25 years experience, but if you're being hired for a Computer Programmer position, you cannot file EB-2.

How do you know if your position is EB-2 eligible? You can look on the DoL foreign labor certification website (www.flcdatacenter.org), for your job category, if it says Job Zone 5 or higher, the position qualifies for EB-2. I have heard that certain Job Zone 4 positions have qualified for EB-2, such as "senior software enginer" or "senior systems analyst", however I have been advised by two different lawyers at two different firms that this is not the case.

You can only amend your I-140, like the previous poster stated, *IF* the original labor certification was for a position that would normally qualify for EB-2 (e.g., "Computer Information Systems Manager" - Job Zone 5) and for some reason your dumbass lawyer filed as EB-3. Otherwise, if your labor certification is for a position that would normally only qualify for EB-3, your employer/sponsor will need to come up with a new position that *does* qualify for EB-2 and then you have to restart the entire process.

Roger Binny
02-06-2010, 11:29 AM
These might answer most of your questions, if not give them a call, heard good reviews about his firm.

Issues.... (http://www.immigration-information.com/forums/content/142-eb3-to-eb2-upgrade-issues.html)

What law says (http://imminfo.com/Library/green_cards/EB/establishment_retention_EB_priority_dates.html)

What happens to old petition... (http://www.immigration-information.com/forums/content/120-upgrading-to-eb2-what-happens-to-the-old-petition.html)

PS: I'm not inclined to him or his firm, never used their services but a passive reader of their articles.

svreddy
02-06-2010, 12:35 PM
I'm also in the same boat. I want to switch to a different employer and port my EB3 I-485 to EB2. Both EB3 & EB2 I -140 are approved and have a PD of May 2004 and Pending for the last 3 years.

My current employer is a BIG Firm, not releasing me. I was volunteer for several layoffs but each time they rejected me. If I resign, I'll lose the pkg benefits + I'm afraid they will cause an issue. Is it safe to Port ? Will my current employer cause any issue and revoke my I 140 & I 485 ? Is any one in the same situation ? If you know of any good attorney who has done a similar case. Can you please post it.

BTW - I'm in this country for the past 15 years. Masters + EAD + With 13th H1B extension running. All 13 years with the same Employer.

any info helps.

Thanks,
SVReddy

rkanth
02-06-2010, 03:07 PM
Guys

I am in similar situation.
I am currently on EAD and PD is Nov'2002
I have my labor applied in EB3 and required education / experience listed in the labor is bachelors and 2 yrs.
SOC code is listed as 030062010 and I see that it falls under JobZone-5

Based on the above post from "GoneSouth", JobZone-5 is eligible for EB2
Can anyone tell if my application can be amended ? If yes, whats the process ?

Thanks
-Kanth