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Eb-3 to EB-2 (just filed labor)

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  • Eb-3 to EB-2 (just filed labor)

    Hey everyone,

    I am new to this process and so my questions may seem naive, please bear with me.

    I joined my current company 1.5 years back after completing a Masters Degree in Computer science.

    (My country of birth is: INDIA)

    My labor certification was filed (through PERM) one month back, on Aug 15th 2008. The minimum requirements of the job position under which it was filed was: Bachelors + 2 or Masters.

    Only last week I found out that my application falls under EB-3 and not EB-2. I think there is a big difference in the PD's of EB-2 and EB-3 for India and so I want to try and switch to EB-2. I am trying to find out how to go about doing that.

    Question-1 How to go about it ?

    (1) File a new labor application under a position that requires Masters or Bachelors + 5. In this case what happens to my current application, do I need to withdraw it ? I guess I will need to ask my manager to put me in a position which requires BS+5 or MS. And then file labor again under this new position.

    (2) Get Labor approved for EB-3, but file I-140 under EB-2

    (3) Get Labor approved for EB-3, get I-140 approved for EB-3 and then switch to EB-2

    Question-2 I understand that my PD is when the state agency receives my labor application ? What will be my priority date if I file a new labor.

    Question-3 This is a little confusing question. Why does my HR keep asking me if I am going to be promoted any time soon ? Let's say I was hired for position-A which requires BS+2 or Masters. Now I am being moved to position-B which required BS+5 or Masters. So, both positions accepts Masters. I have Masters degree, that means I could have joined position-B right from start. Why do I need to be promoted ?

    I will really appreciate any help from you guys.

    Any from of advice will be great !!

    Thanks in Advance !

  • #2
    Don't you think it is somewhat arrogant to tell your manager what job you need to have so you can get a green card faster?

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    • #3
      hey thanks for your reply..

      I am just saying that I will ask him if he can do this for me...

      Even if it is arrogant, but hey, its a question of 4 years. That can make a huge difference. I will try whatever it takes to get my GC 4 years earlier. At worst, I can leave the company if nothing works out and explore my other options.
      Last edited by tantric; 09-29-2008, 03:03 AM.

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