Posted by: emerald911 November 24, 2009
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Does category selection (EB2 or EB3) for green card
processing depends upon the kind of ad posted for the position? Is it
possible to change the category from EB3 to EB2 at a later stage after I-140
approval?
The general rule is that the category is determined
when filing the LC/ PERM and the precursor to filing the PERM case is when
the print advertisements run for the position. It is not possible to change
the category after the I-140 approval. One can maintain the earlier EB3 PD
after the I-140 approval and then start a new LC/PERM case and, after that
is approved, file a new EB2 PERM case and request maintaining the earlier
PD. EB2/EB3 is determined by the job requirements set out in the labor
certification by the employer and the DOL.
pixie: the short answer is "you need to start from scratch."
processing depends upon the kind of ad posted for the position? Is it
possible to change the category from EB3 to EB2 at a later stage after I-140
approval?
The general rule is that the category is determined
when filing the LC/ PERM and the precursor to filing the PERM case is when
the print advertisements run for the position. It is not possible to change
the category after the I-140 approval. One can maintain the earlier EB3 PD
after the I-140 approval and then start a new LC/PERM case and, after that
is approved, file a new EB2 PERM case and request maintaining the earlier
PD. EB2/EB3 is determined by the job requirements set out in the labor
certification by the employer and the DOL.
pixie: the short answer is "you need to start from scratch."