My original labor was for advanced degree (EB2). However, NSC had denied my case earlier due to education equivalence. So, I applied for both EB2 and EB3 at TSC (July 2007).
I got a RFE document from my attorney for the EB3 as follows, wondering if anyone was in a similar situation and was able to get an approval.
Request for Evidence is as follows:
This office is unable to complete the process of your petition without further information. Please read and comply with the request below.
This petition to classify the beneficiary as a third preference alien under section 203(b)(3)(A)(ii) of the Immigration and Nationality act does not appear approvable because ETA-9089 requires an advanced degree (second preference). If you wish to change the requested preference classification, please place X next to sentense below. Also include the new preference number and classification that you are seeking, and sign where indicated.
_I request my petition to be adjudicated as a ___________________preference petition under section __________________
Gurus, anyone who has successfully come out of this situation please help.
Note: My EB2 is still pending at TSC so according to my lawyer; requesting a EB2 would conflict with the other EB2 that is filed using the same labor.
I got a RFE document from my attorney for the EB3 as follows, wondering if anyone was in a similar situation and was able to get an approval.
Request for Evidence is as follows:
This office is unable to complete the process of your petition without further information. Please read and comply with the request below.
This petition to classify the beneficiary as a third preference alien under section 203(b)(3)(A)(ii) of the Immigration and Nationality act does not appear approvable because ETA-9089 requires an advanced degree (second preference). If you wish to change the requested preference classification, please place X next to sentense below. Also include the new preference number and classification that you are seeking, and sign where indicated.
_I request my petition to be adjudicated as a ___________________preference petition under section __________________
Gurus, anyone who has successfully come out of this situation please help.
Note: My EB2 is still pending at TSC so according to my lawyer; requesting a EB2 would conflict with the other EB2 that is filed using the same labor.