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Can this approved labor be used?

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  • Can this approved labor be used?

    Greetings,

    I have over eight years of experience working as Programmer/Analyst and have a Master's degree from the US. If I file for GC then I can file with EB-2 category.

    You all know about the retrogession for priority dates. I haven't even filed for Labor and I-140 and am getting worried. I came across some one having an approved labor for a programmer/analyst with 1 year of experience and it is in EB-3 category. Can it be used to file for my I-485 before Sept. 30th? This I see as my last hope. If yes, then do I have to file in EB-2 or EB-3 category?

    Your immediate feedback will be very much appreciated as time is very short.

    Regards.

  • #2
    Greetings,

    I have over eight years of experience working as Programmer/Analyst and have a Master's degree from the US. If I file for GC then I can file with EB-2 category.

    You all know about the retrogession for priority dates. I haven't even filed for Labor and I-140 and am getting worried. I came across some one having an approved labor for a programmer/analyst with 1 year of experience and it is in EB-3 category. Can it be used to file for my I-485 before Sept. 30th? This I see as my last hope. If yes, then do I have to file in EB-2 or EB-3 category?

    Your immediate feedback will be very much appreciated as time is very short.

    Regards.

    Comment


    • #3
      1) Yes, you can use the substitute labor providing it match your future position with the company. Being overqualified doesn't disqualify you from using it. You might have a problem if your current position exceed that future position by leaps and bounds (eg: why would you take a job in the futre that only pay 50K if you're now making 80K?)
      2) EB3.

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