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for_gc
05-14-2010, 02:44 PM
I know that we have been talking about all types of EB3 to EB2 port questions on this forum. But, I think I have a unique and interesting case here.

Back in Oct 2003 my employer wanted to apply LC for me for a Project Manager's position in the EB2 category. I was on my 6th year on H1 and we had to do this ASAP. I did not have enough time to arrange for the experience letter from my experience in India. So, the lawyers went ahead and applied this in the EB3 category.

Now, I have this experience letter from my previous. I have a question for the gurus on this forum. Is it possible to change the classification of this LC/I140 from EB3 to EB2 retroactively based upon these or any other facts ? At what stage is the classification set for a EB green card process ? What are the rules for changing these classifications ?

Thanks in advance for your time and replies.

for_gc
05-14-2010, 03:29 PM
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roseball
05-14-2010, 03:33 PM
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What were the minimum job and experience requirements mentioned on LC application?

kondur_007
05-14-2010, 03:43 PM
I know that we have been talking about all types of EB3 to EB2 port questions on this forum. But, I think I have a unique and interesting case here.

Back in Oct 2003 my employer wanted to apply LC for me for a Project Manager's position in the EB2 category. I was on my 6th year on H1 and we had to do this ASAP. I did not have enough time to arrange for the experience letter from my experience in India. So, the lawyers went ahead and applied this in the EB3 category.

Now, I have this experience letter from my previous. I have a question for the gurus on this forum. Is it possible to change the classification of this LC/I140 from EB3 to EB2 retroactively based upon these or any other facts ? At what stage is the classification set for a EB green card process ? What are the rules for changing these classifications ?

Thanks in advance for your time and replies.

A good question; however unfortunately it looks like you probably will have to do PERM and 140 again for EB2.

Here is my speculation (that you can confirm): since you did not have experience letter at the time of PERM and I 140, your job description would be such that it would not require that letter (otherwise your PERM would have been denied). So in other words, your job description was for EB3 during original PERM and so it would be difficult to use for EB2.

On a side note: the classification of EB2 vs EB3 is basically decided whe I 140 is apprved and it is based on job description in PERM. In other words, the "basis" for that determination lies in PERM job description but what makes it "official" is I 140.

Hope this helps.

Good Luck.

for_gc
05-14-2010, 05:04 PM
Thanks roseball & kondur for your replies.

Both of you are right. I checked my LC application and therein they ask for 0 to 1 year of relevant experience only

So, I guess no scope for upgrading this one.