I-140 RFE- Trouble. Need help

[xtronics]

Here is my case.
My labor was certified with job requirement as masters degree ( based on required MS course completion). Now, USCIS has sent the request for evidence (for I-140) asking me to provide the masters degree. I do not have it, because of some circumstances, I could not defend the thesis. My attorney is planning to request USCIS to transfer the filing category from EB2 to EB3 based on the fact that I do not have the degree.
Q1. Can USCIS accommodate that type of request? Did any of you experience this?
Q2. In the worst case scenario, USCIS might ask me to re apply for I140. That means it will most likely be rejected because it will be applied with my labor which was approved with Masters degree. Does this mean we have to start new labor too?

Any help is greatly appreciated. Thank you very much in advance
- Xtronics

 

[key_ket]

what is your background before MS ? Do you have a 4 years bachelor degree ? if Yes, your lawyer can try for EB3.

If you have masters before your MS, you can try for equivalent of MS and try for EB2.

 

[xtronics]

Thanks Key_ket
I have a 4 yr bachelors degree in Pharmacy from India. After my Masters degree courses, I have about 5.5 yrs of experience.
I guess that wont suffice to satisfy for EB2
Thanks again
My lawyer is trying to request for conversion from EB2 to EB3. Whar are the chances for I140 to get approved under EB3.

**Did any of you had to change the case from EB2 to EB3? How many days do they take typically to adjudicate the case after responding? **

 

[xtronics]

Thanks Key_ket
I have a 4 yr bachelors degree in Pharmacy from India. After my Masters degree courses, I have about 5.5 yrs of experience.
I guess that wont suffice to satisfy for EB2
Thanks again
My lawyer is trying to request for conversion from EB2 to EB3. Whar are the chances for I140 to get approved under EB3.

**Did any of you had to change the case from EB2 to EB3? How many days do they take typically to adjudicate the case after responding? **

Just want to update. My I-140 got denied. They denied the request to convert from EB2 to EB3

 

[waiting_in_vain]

Hi xtronics,
sorry to hear about this . what is the reason why they did not downgrade it . My labor's requuitemt also says Bachlors+5 yr exp or Associates +7 year exp.My lawyer recenly filed amendment of filed 140 to EB-3 . should I expect trouble too

 

[hellogc_2006]

Hi xtronics,
sorry to hear about this . what is the reason why they did not downgrade it . My labor's requuitemt also says Bachlors+5 yr exp or Associates +7 year exp.My lawyer recenly filed amendment of filed 140 to EB-3 . should I expect trouble too

If your LC doesn't have - Masters requirement and BS+5 years PROGRESSIVE experience - terminology, you most probably able to fit into EB3. This is just based on my experience and the discussions that I had with my attorneys.

Best of Luck.

 

[nscagony]

Its always a bad idea to lie on your application. Why did you apply for EB2 if you knew you didn't have a MS? Thats probably why it got denied instead of downgraded to EB3.

 

[waiting_in_vain]

Thanks Hellogc_2006.
Obvioulsy I will need to show experience letters . I have experience letters but these were given by my Client managers on their compnay's letterhaed.
My employer refused to give me experience letter with job duties . does anyone see issues with that .
I aprreciate the help

 

[manwithnoname]

Downgrading the I-140 works only when you possess the EB2 requirements but your job doesn't. One solution is to re-apply ... was your LC got approved within 180 days? otherwise anew LC will be necessary.

 

[xtronics]

Downgrading the I-140 works only when you possess the EB2 requirements but your job doesn't. One solution is to re-apply ... was your LC got approved within 180 days? otherwise anew LC will be necessary.

Yes. USCIS received my I140 application on the 180th day.
Thanks

 

[xtronics]

Its always a bad idea to lie on your application. Why did you apply for EB2 if you knew you didn't have a MS? Thats probably why it got denied instead of downgraded to EB3.

It was my Lawyers fault. The DOL approved it under EB2 (on the basis of course completion). So they applied the I140 under EB2. Since I do not have the masters degree they denied it.

Hope I get the I140 approved this time