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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 09-13-2006, 06:38 PM
Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
01/06/2002
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/24/2002
Compare
Join Date: May 2006
Posts: 25
sreekanth will become famous soon enough
Default Information Needed on switching from EB3 to EB2

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.
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  #2 (permalink)  
Old 09-13-2006, 06:45 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB2
I140 Mailed Date
:
07/28/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/28/2007
Compare
Join Date: May 2006
Posts: 198
rbharol will become famous soon enough rbharol will become famous soon enough
Default No

Quote:
Originally Posted by sreekanth
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.
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  #3 (permalink)  
Old 09-13-2006, 08:44 PM
Junior Member
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 21
imcdude will become famous soon enough
Default

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.
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  #4 (permalink)  
Old 09-13-2006, 09:20 PM
Senior Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Mar 2006
Posts: 100
kannan is on a distinguished road
Default

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
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  #5 (permalink)  
Old 09-13-2006, 09:26 PM
Senior Member
Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 181
dan19 is on a distinguished road
Default Depends on the position

All depends on the position description.
The position should ask for a Masters or equivalent.

But again ask an attorney.

Quote:
Originally Posted by sreekanth
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.
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  #6 (permalink)  
Old 09-14-2006, 08:11 PM
Senior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Mar 2006
Posts: 342
gcseeker2002 has a spectacular aura about gcseeker2002 has a spectacular aura about gcseeker2002 has a spectacular aura about
Default

Quote:
Originally Posted by imcdude
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.
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  #7 (permalink)  
Old 09-19-2006, 04:42 PM
Junior Member
Priority Date
:
Sep-02
Category
:
EB3
I140 Mailed Date
:
12/01/2006
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 17
pcbadgujar can only hope to improve
Default Please let us know the process

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
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  #8 (permalink)  
Old 09-20-2006, 01:27 PM
Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
06/14/2007
Chargeability
:
Canada
Processing Stage
:
I-485
I485 Mailed Date
:
08/08/2007
Compare
Join Date: Jan 2006
Posts: 87
GoneSouth will become famous soon enough
Default

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.
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  #9 (permalink)  
Old 09-20-2006, 04:06 PM
Member
Priority Date
:
Jan-03
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 77
wahwah can only hope to improve
Default

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.

Quote:
Originally Posted by GoneSouth
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.
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  #10 (permalink)  
Old 09-20-2006, 05:08 PM
Junior Member
Priority Date
:
Feb-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Aug 2006
Posts: 5
cardamon can only hope to improve
Default About amendment...

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?
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  #11 (permalink)  
Old 09-30-2006, 12:30 AM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 11
chocolate is on a distinguished road
Default Info needed

Quote:
Originally Posted by imcdude
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.
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  #12 (permalink)  
Old 09-30-2006, 12:46 AM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 11
chocolate is on a distinguished road
Default Info needed.

Quote:
Originally Posted by GoneSouth
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.
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  #13 (permalink)  
Old 10-19-2006, 05:19 PM
Junior Member
Priority Date
:
Aug-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Oct 2006
Posts: 2
redmd567 will become famous soon enough
Default EB2 or EB3

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
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  #14 (permalink)  
Old 10-20-2006, 12:33 PM
Junior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Apr 2006
Posts: 12
ramraj_02 will become famous soon enough
Default

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.
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  #15 (permalink)  
Old 10-22-2006, 06:08 PM
Junior Member
Priority Date
:
Oct-03
Category
:
EB2
I140 Mailed Date
:
06/15/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Feb 2006
Posts: 22
Vish is infamous around these parts
Default

Any recommendation on an attorney who has some successful cased with moving from EB3 to EB2?
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