Ad Process in PERM Labor

USA H1B Visa
1

Anil,
I have question related to PERM labor filing.
My employer has started advertisement process and as per him, he is saying that we give it is based on employment category(EB2 or EB3).
Once the ad process is complete then we will file PERM in department of labor under that category.

In my situation, I recently changed employer and my prev employer filed my case in EB2 (2013). I have approved I140.
Q1) Given the current situation what option do I have?
Q2) New employer has started ad process last month. Does this ad process is based on Employment category or that comes only when we file PERM with department of labor?

Thanks
Rajesh

2

What kind of current situation you are talking about? Please mention clearly.

Job ADS for PERM are explained here.

Once EB2 PERM is approved, it can be used to file either EB2 or EB3 or both types of i140.

3

The first step to file PERM is to give advertisement. Does this advertisement has details whether it is for Eb2 or EB3 category? My new employer is saying that advertisement is based on EB2 and if you want to go for EB3 then advertisement process has to be re-intiated. Is it true?

4

I have found details and would like to share. When an employer gives ad and tell Attorney that they are planning for file in EB2 then Attorney gives the ad in such a way that it is covered for both eb2 or eb3 however this category is not applied until we file I140. So in my case I have a choice to file EB2 or EBe while filing I140.

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