wait for EB-3 to be current or apply for EB2 labor?

[sushmasharma79]

Hi,

My I-485 is pending under EB-3 category. The priority date for my application is Aug 2004. I have a master's degree from India and I have been working in US for almost 5 years and I have couple of years of overseas IT experience.

We(me and my husband) applied for I-485 in July 2007 when the dates got current and have been waiting for last 3 years for EB3 dates to be current.

Meanwhile, my husband's company also applied for his labor under EB-2 in October 2007 and after audit and denial and petition against denial, it was finally approved. later on, his I-140 was also approved in 2009. Initially we had thought that we will apply for I-485 thru his peition if EB-2 dates got current, but now EB-2 dates are also not moving.

My question is what should we do:
1. we should keep waiting for the dates to be current
2.I should find another employer, who can file for my labor under EB-2 and then we should use my previous labor's date?

My current application is through labor substitution. Which option will be faster?

Thanks,
Sushma

[txh1b]

Option 2 will probably work best for you and will be the fastest.

[sushmasharma79]

I have 3 years Bachelor's degree(B.Sc.) and 3 years Master's degree(Master of Computer Application). How do I get my education evaluated, so that it is equivalent to the Masters in US? Should I get my education evaluation done now or wait till filing I-140?

Another question - can my current employer file for my labor under EB-2? I have been working with my current employer for all my US IT experience, so my experience letter for all the five years should come from this company, which might be difficult to get if they come to know that someone else is filing for my labor.

Thanks,
Sushma

[txh1b]

Getting an EB2 approval for 3+3 will be tough as many such I140s have been denied in the past. Read about I140 denial by googling on forums.

Experience gained on the current job cannot be counted for the labor unless the GC job is atleast 51% different than what you do.

[sushmasharma79]

what do you suggest now?

Thanks,
Sushma

[txh1b]

If your husbands PD becomes current, you can interfile the already pending application to be counted against the EB2 PD of your husband and get the GC. If not, waiting for EB3 and pursuing an EB2 on the side would be better as getting the EB2 approval is iffy based on your profile.