Need Guidance for Perm

[aks]

Hello experts- Need expert help regarding Perm process.

At present there are no availability of EB3. In that case can labor be filled ? or One has to wait until availability opens.

#I have BE with 10 years of experience and my company is filling in EB3. And they are saying if I can wait upto Jan 2010 , they might file in EB2 but not certain. Should I wait for that or should go with EB3.
Do you guys suggest if this bet is worth taken.

Waiting for your suggestions.

Thanks.

[txh1b]

Availability of visa numbers is for filing the 485. It does not matter for having the labor filed. It makes sense to go for whatever labor now and recapture the PD later on. It does look like the company is tailoring the job requirements to suit your needs which is illegal. How can the same job need EB3 now and EB2 later on? Doesn't make sense.