please advise : EB2 or EB3

[MSmech]

Hi ! I have completed MS mechanical last year with specialisation in field X. I have a 2 year workex in the same design field X in wellknown company in india. I am working with this company as software engineer for last 1 year which needs solid background of field X. I have got H1 few months back. Now company wants to process my GC. As all the other companymates are BS, lawyer is suggesting to apply through EB3 instead of EB2. I think I am perfectly liable for Eb2. what shall we prefer? Also, shall we try for RIR first? Cuz company had tried to hire some engineers in last year and it was really very difficult to get someone specialized in this area. Please advice. What will be the approximate time for whole process through Eb3 and non-RIR in the state of ohio under current conditions?

[rkomandur]

I'm in the same situation. My company wants to process my GC through EB3 (RIR) even though I have Master's + more than 5 years of experience. I got same reply from my company attorney saying that they have more EB3 positions than EB2. I consulted many of my friends, they suggested EB2 or EB3 makes no big difference. If possible, it's better to request your company to start through RIR.

As far as processing times, go to immigration.com, you can check for the current month as well as for past 5 months. This way you can calculate the approximate time for your case.

Now processing for ohio (as of june 2002 from immigration.com website)

I.LABOR CERTIFICATION :

SESA LEVEL -2/2002 (RIR)
SESA LEVEL -7/2001 (non RIR)

Federal Level -2&3/2002 (RIR)
Federal Level -11/2001 (non RIR)

You can see the difference for RIR and non RIR.

Also if possible ask your employer to file at INS Vermont (I-140 and I-485). You can also opt for Consular Processing instead of I-485.

Hope this helps.

[MSmech]

thanks a lot RK. Mostly I will go for EB3. I have one more question. Can company start putting ads in newspaper now for next 3-4 months and then apply to labour dept as RIR case? Cuz Company has tried to look out for candidates in the past (before I joined which is one year back) and stopped when I joined in.
thanks

[rkomandur]

You need to talk to your company attorney. Ask them, if it's possible to file in RIR with the previous ads they posted earlier. If not, ask them, what you are telling. Best of Luck.