"oyster33" wrote in message
news:1570926.1091382172@britishexpats.com...
> I am in a fix!!! any help will be greatly appreciated.
>
> My
> lawyer applied for my labor certification (2002) in class eb2 which
> was approved last year.
>
> Last week I received a letter from INS that
> I only have a 2 year bachelors degree and hence do not qualify for
> that classification.
>
> Now, my question is... can I change my class
> from eb2 to eb3 now? is all my time wasted or will my classification
> just be changed without doing the whole process again?
> what are my optons?
It depends on what the labor cert required. If it required a bachelor's
degree (which it probaby did), you will probably run into the same problem
of lack of equivalency that you had with the eb2. Your attorney may want to
fight the USCIS determination.
Your employer can file another immigrant petition, this time requesting
classification as eb3, and referring to the same approved labor
certification. It's a little tricky to get the approved labor cert into the
hands of USCIS. I believe that the right thing to do is to send a copy, and
then USCIS will confirm with DOL that it has been certified.
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