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Posted on 16 Sep 2010
Q.

EB2 or EB3?

After leaving company A (CA) in Europe I moved to the US in Aug06 as F-1 and enrolled in a master degree. In Jan08 I was hired again by CA but in the US. L-1 was granted in Jan '08. Masters Degree was completed in May '08.(but 95% of the degree was done by Dec‘07).
CA file PERM in Jul08. I-140 was approved in Jul10.
Lawyer said they filed PERM in 08 under EB-3 and not EB-2 because master wasn't finished before I was hired by CA in the US.
I revised PERM application copy files and saw that job offered required a bachelor’s degree. In PERM application they also said I had an F-1 when filing PERM, when in fact I had an L-1.
Could CA have filed PERM as EB-2 in July 2008 if the have offered a masters required position? What chances do I have of refilling under EB-2?

User's Location: New York, New York, United States of America
Category: Employment-based Green Card
Posted on 17 Sep 2010
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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