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Hello,
My current employer filed my I140 under EB3 category by mistake. When PERM was filed, the requirement for the job shown was bachelors degree plus atleast 3 years experience instead of showing bachelor's degree plus 5 years experience. Due to this my I140 got filed under EB3 as EB3 requires a bachelor degree but EB2 requires bachelor degree plus 5 years experience.
My question is whether my current employer should wait to get EB3 approved and then get H1B visa extended for 3 years and then can restart GC process again right from Prevailing Wage Request and then PERM so that my case can be filed under EB2?
I think my employer should not amend my current I140 with EB2 category as this may get rejected.
is this correct understanding or there is another better option ?
many thanks,
My current employer filed my I140 under EB3 category by mistake. When PERM was filed, the requirement for the job shown was bachelors degree plus atleast 3 years experience instead of showing bachelor's degree plus 5 years experience. Due to this my I140 got filed under EB3 as EB3 requires a bachelor degree but EB2 requires bachelor degree plus 5 years experience.
My question is whether my current employer should wait to get EB3 approved and then get H1B visa extended for 3 years and then can restart GC process again right from Prevailing Wage Request and then PERM so that my case can be filed under EB2?
I think my employer should not amend my current I140 with EB2 category as this may get rejected.
is this correct understanding or there is another better option ?
many thanks,
