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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 02-18-2007, 10:45 PM
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prdgl is on a distinguished road
Default Get dumped in (easy to get) EB3 or to take the scrutiny of EB2 ?

I have been thinking about choosing between EB3 and EB2. I hold a Masters degree from US and have 2 yrs of experience. I am wondering whether to go in EB3 (which is very simple and easy to get with no scrutiny - SURE TO GET APPROVED) and wait for a very long time in the queue OR go for EB2 (which is more difficult and have to pass through all the scrutiny from I-140) and then wait, whose waiting time might be lesser than EB3's


Which one is best to do ? Your suggestions please.
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  #2 (permalink)  
Old 02-19-2007, 12:27 PM
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depends if u are india or china.....u shud only do EB2.
Even for Rest of World - EB2 is btter...with MS + 2 is may be close but u may be able to qualify..with proper experience letters and recommendation letters.
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  #3 (permalink)  
Old 02-19-2007, 12:42 PM
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Default EB2 is not determined by qualifications of employee alone...

Quote:
Originally Posted by prdgl
I have been thinking about choosing between EB3 and EB2. I hold a Masters degree from US and have 2 yrs of experience. I am wondering whether to go in EB3 (which is very simple and easy to get with no scrutiny - SURE TO GET APPROVED) and wait for a very long time in the queue OR go for EB2 (which is more difficult and have to pass through all the scrutiny from I-140) and then wait, whose waiting time might be lesser than EB3's


Which one is best to do ? Your suggestions please.
This is a wrong conventional belief. It has been far too many times written about and has now become conventional wisdom, that EB2 or EB1 is determined by the qualification of the employee.

That is only 1 of the 2 things needed to get a case approved under EB2. The other requirement is that the job description and the position must require a person of EB2 qualifications. The position being filled by MS plus 2 years, or BS plus 5 years should be the kind of position that cannot be filled by a lesser qualified employee.

So basically, you can be a Ph.D. from Harvard university with 10 years experience. But if your Greencard is filed for a job that requires someone with BS plus 2 years experience and can be filled by an EB3 candidate, then your case cannot be approved as EB2 even though your qualifications can make you fit for EB2.

Now about the priority dates. See EB2 is right now ahead of EB3. However, the continuation of that is totally dependent on many factors.

1. Future laws. What if EB2 percentages decrease?
2. EB1 spillover. How many EB1s are unused and spill over into EB2.
3. Your chargability, (country of birth), is ofcourse important. India and China EB2 may not be moving ahead this year AT ALL unless there is change in quota.
4. The future applicants for EB2. We dont know about the labor files in backlog centers and how many of those are EB2 and how many are EB3. Of that, how much more crowded would be EB2 or EB3.

It is IMPOSSIBLE to predict which one would be better off. Impossible.
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  #4 (permalink)  
Old 02-19-2007, 01:03 PM
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Yes it really IS impossible to determine which will move quicker.

and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.

EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
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  #5 (permalink)  
Old 02-19-2007, 01:10 PM
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I dont believe that EB2 labor takes more time to approve than that of EB3. My labor was approved in EB2 category in less than a week.

Quote:
Originally Posted by eb3_nepa
Yes it really IS impossible to determine which will move quicker.

and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.

EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
__________________
EB2 PERM approved: April, 2006
I-140 approved: June, 2006
I-485 filed on July 20,2007
I-485 Approved: August 6,2008

Contributing $20 a month to IV
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  #6 (permalink)  
Old 02-19-2007, 01:15 PM
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a_to_z_gc will become famous soon enough
Default

One question for I-140 for EB-2 versus EB-3.

If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?

Please confirm your views, as I have heard different versions.

Thanks!


Quote:
Originally Posted by eb3_nepa
Yes it really IS impossible to determine which will move quicker.

and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.

EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
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  #7 (permalink)  
Old 02-19-2007, 01:25 PM
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DareYouFireMe is on a distinguished road
Default Who is applying EB3 these days?

It is hard to find Software engineers who do not qualify for EB2. I guess after couple of years EB2 would be as packed as EB3.
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  #8 (permalink)  
Old 02-19-2007, 01:27 PM
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Default

In the case of retrogession it is always better to apply EB2 if job description requires Master degree and if the candidate has approved master degree. Past history shows EB2 is atleast 2 years ahead of EB3 for India even if it is moving slower. But if you think any problem in eligiblity then it is better to apply EB3.



Quote:
Originally Posted by a_to_z_gc
One question for I-140 for EB-2 versus EB-3.

If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?

Please confirm your views, as I have heard different versions.

Thanks!
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  #9 (permalink)  
Old 02-19-2007, 01:29 PM
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DareYouFireMe is on a distinguished road
Default I-140

Quote:
Originally Posted by a_to_z_gc
One question for I-140 for EB-2 versus EB-3.

If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?

Please confirm your views, as I have heard different versions.

Thanks!
I-140s are never downgraded. During LC approval dept may say - looking into job requirements it can be only approved in EB3. of course, you have opportunity to challenge/substantiate your claim for EB2
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