LC (wrongly filed) in EB3, need to convert to EB2 - Plz HElP - Advice needed

[marathon]

Hello all,

I need help. My company applied for my LC in EB3 catagory. When asked, I was told that the job description (on job posting) was entered wrong (bachelors), when it should have actually been masters on the job posting.

I have got my Labour approved, and am waiting to file my I-140, but due to wrong filing and obvious reasons, I want to change to EB2 catagory.

Per my attorney, if I wish to do that, I will have to refile my LC in the new catagory (completing other formalities like job posting, etc aswell) which would take additional 6 months to file and also I will loose my priority date. So, I am looking at around 1 year (PD: Sept'06) of loss.

Is there anyway I can hold on to the PD while I am changing the catagory?

If yes, what would be my next step?

What is the general acceptance rate from EB3 to EB2? (I have a masters degree from US and 1 year of prior ecperience before joining the company.)

Your help would be highly appreciated.

Eagerly Waiting,
Marathon

[phongnguyen17]

I have almost the same issue

The only difference is that I have approval of EB-3 immigration visa already, so please advise if I could switch from EB-3 to EB-2. (I have master degree and more than 5 years working in the US for another company)

PN