EB3 to EB2

[chandu123]

Hi,

My employer applied my EB3 labor in Nov 2007 and 140 in Feb 2008. Now I am waiting to approve 140. As I have Masters degree from India(MSc) and 5 years of experiance, I am planning to ask my employer to apply labor again on EB2. I heard that if EB2 labor is approved and at the time of 140(EB2) apply I can use the priority date of my EB3 labor. Is this correct,?. My salary shows only 65k on my W2 will that be matter to apply on EB2?. Please answer me.

Thanks,
C~

[C4us]

The EB category is based on the job requirements - not your degree. It is harder to get approval for EB-2; if you should apply in that category and are denied, you must start all over. Your employer - not you - needs to determine the proper category. You need to remember that you are NOT in charge of this process and you statement " ... I am planning to ask my employer to apply labor again ..." is inappropriate.

(We don't always get what we want.)