Your attorney is right. Current Cut off date is 01FEB2014 for EB2 Nepal so you cannot file AOS at present.

Thanks ny2.

My company is about to file perm. Should I change to EB3 rather than EB2?

Even for september the priority date is Feb2014. My be you can file in october.

@mancini - you meant to say to stick with EB2

@1800-HELP

You always want to look at two different aspects when you are deciding between EB2 and EB3.
1. How Strong is your case for EB2?
2. Do I have to wait for a long time before a visa becomes available if I do EB3.

In previous years, 2nd point used to matter more because even ROW people had to wait multiple years to have a visa available under EB3 and EB2 was always current. However, in my view, people should start focusing more on the 1st point.


EB3 is usually less scrutinized than EB2 because the qualifications required to be qualified for EB3 is less. In addition, all the indians applying for EB2 and porting from EB3 to EB2 is making EB2 even more scrutinized.

So, if your case is complicated, i.e, the following:
1. You do not have any experience,
2. You only have experience from your sponsoring company
3. You are trying to use 5 year progressive experience to apply for EB2 PERM
4. Your current salary is not equal to or greater than Tier 2 category in your field.

I suggest you go for EB3. EB3 has been basically current for almost one year now. Fewer number of people are applying for EB3 ROW now so it should be current or within few months for next year as well (By the time your PERM gets approved)

However, if your case is not complicated, i.e. the following:
1. You have masters and at least a year of experience with another company (other than the one sponsoring you), or
2. You have 5 years of experience from another company (not your sponsoring company) and a bachelors degree. and
3. Salary that is equal to or higher than Tier 2 then I suggest you apply for EB2.

EB2 is not current now but it is pretty much expected to be current when the new year starts (October 1st) or within a month or two.

Note: I just got my PERM and I-140 (EB3) approved without any RFE in both. I only had experience with my sponsoring firm albeit in a different position.

@Nepali Keto 123 - Thanks a lot for clarification.
That's what in my mind too. There are lot of things to think since my background is Accounting. So there are very few jobs that really requires Master degree. Hence it will be wise for me to apply PERM under EB3. But you never know what is really going to happen in next year. There might be back log for EB3. Let's keep crossing finger and hope for the best. EB2 Vs EB3 game of GC

It thought the 485 dates for filing and final approval times were different? The filing dates are all current and so you can file I believe.

I am planning to file 140 and 485 together and I thought the filing dates was the one that mattered.

However, the EB2 is supposed to clear up on October anyway.


Nevermind, I'm wrong.
http://immigrationgirl.com/will-uscis-allow-adjustment-applicants-to-use-dates-for-filing-in-october-2016/
The filing dates are not allowed to be used and was only allowed for a few months in 2015. They say they may allow using the filing dates in October (or not).

Also, anyone know which priority date to use when concurrent filing? EB2 or EB3? EB3 is MAY 16 and EB2 is 2014.

But only after 140 processing we know if it's EB2 or EB3 right?

I think it will be EB2 since the job requires a masters degree. But, can I use the EB3 date to file concurrently since I haven't been designated EB2 or EB3 yet?

EB2 or EB3 is defined during PERM application at which time you also get your priority date. So by the time it comes to i140 time, if your PD is earlier that the one shown on final action table, you can file concurrently otherwise not.