EB1 AOS approved in E26 (=EB2) category ?!

G

gagpol

Registered Users (C)
I filed for AOS in EB-1 category (1st priority, i140 already approved as EB-1). However, two years later (and year and a half after priority date came up) I got my GC approved in E26 category (=EB2, 2nd priority ?! :confused: ). And my husband, who is a derivative, still hasn't gotten anything.

1) Did this happen to anybody else in EB1 category?
2) Can they switch your priority "on the fly" like that?
3) Should I go to the local office and try to correct the mistake? :confused:
- I need my husband to receive his GC soon so that we can take care of expiring passports. Does my E26 approval means that he is also a "longer" EB2 line and so we'll be waiting and waiting again?

I do have 2nd approved i140 in NIW category (EB2). However, I did not file with it.

Any advice will be highly appreciated!
 
gagpol said:
I filed for AOS in EB-1 category (1st priority, i140 already approved as EB-1). However, two years later (and year and a half after priority date came up) I got my GC approved in E26 category (=EB2, 2nd priority ?! :confused: ). And my husband, who is a derivative, still hasn't gotten anything.

1) Did this happen to anybody else in EB1 category?
2) Can they switch your priority "on the fly" like that?
3) Should I go to the local office and try to correct the mistake? :confused:

-----------------If his I-485 was filed with your I-485 then that I-485 should be approved. HE should take infopass and can go to Local office if his I-485 is still with Service center He should call 1800NCSC
I need my husband to receive his GC soon so that we can take care of expiring passports.
------------------expiring passports is Not a problem, you can renew your passports and can keep expired and new passports stapled
Does my E26 approval means that he is also a "longer" EB2 line and so we'll be waiting and waiting again?
----------------------------HE will have the same PD as of you in EB2 .
I do have 2nd approved i140 in NIW category (EB2).

Any advice will be highly appreciated!
Click to expand...
https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0500502215
----------------------- Here are the Codes and it seems your I-485 got approved under EB2 and NOT EB1

People who are not aware of codes(and it will appear on your card too):

E11 Aliens with extraordinary ability, visa issued
E16 Aliens with extraordinary ability, status adjusted
E12 Outstanding professors or researchers, visa issued
E17 Outstanding professors or researchers, status adjusted
E13 Multinational executives or managers, visa issued
E18 Multinational executives or managers, status adjusted
E14 Spouses of E11, E12, E13, E16, E17, or E18, visa issued
E19 Spouses of E11, E12, E13, E16, E17, or E18, status adjusted
E15 Children of E11, E12, E13, E16, E17, or E18, visa issued
E10 Children of E11, E12, E13, E16, E17, or E18, status adjusted


E21=EB2, immigrant visas issued.
E26=EB2, status adjusted.
E22=spouses of EB2, imigrant visa issued.
E27, spouses of EB2, status adjusted.
E23=children of EB2, immigrant visas issued.
E28=children of Eb2, status adjusted.


E31= EB3, skilled workers, immigrant visas issued.
E32=EB3, with Bachelors degree, immigrant visas issued.
E36=EB3, skilled workers, status adjusted.
E37=EB3, with Bachelors degree, status adjusted.
E34=spouse of EB3, immigrant visas issued.
E39=spouse of EB3, status adjusted.
E35=children of EB3, immigrant visas issued.
E30=children of EB3, status adjusted.
 
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ginnu said:
https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0500502215
----------------------- Here are the Codes and it seems your I-485 got approved under EB2 and NOT EB1

People who are not aware of codes(and it will appear on your card too):

E11 Aliens with extraordinary ability, visa issued
E16 Aliens with extraordinary ability, status adjusted
...
E21=EB2, immigrant visas issued.
E26=EB2, status adjusted.
E22=spouses of EB2, imigrant visa issued.
Click to expand...

Thank you, ginnu!

That is exactly where I am confused: how come instead of E16 I received E26 code?
My i140 was approved in Sec. 203(b)1(A) (=EB1) category (http://149.101.23.2/lpBin/lpext.dll...20/slb-1379?f=templates&fn=document-frame.htm)
- and not in Sec. 203(b)2 category (=EB2). Can TSC just arbitrarily change this category?

Your quote from SSA web site says that "E26 = Professional holding an advanced degree or of exceptional ability" -
does it mean that it also includes some in EB1 category? :confused: EDIT: I confused two words "extraordinary" and "exceptional abilities". The answer should be "No, E26 does not include EB1". And so, I am back to my original question -- can Service Center just change the category of a filed petition from EB1 to EB2?

Are there anybody to whom this also happened? Thanks!
 
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gagpol said:
Thank you, ginnu!

That is exactly where I am confused: how come instead of E16 I received E26 code?
My i140 was approved in Sec. 203(b)1(A) (=EB1) category (http://149.101.23.2/lpBin/lpext.dll...20/slb-1379?f=templates&fn=document-frame.htm)
- and not in Sec. 203(b)2 category (=EB2). Can TSC just arbitrarily change this category?

Your quote from SSA web site says that "E26 = Professional holding an advanced degree or of exceptional ability" -
does it mean that it also includes some in EB1 category?
--------------------NO "Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability)
:confused: EDIT:
I confused two words "extraordinary" and "exceptional abilities".
-----------------extraordinary ablity is under EB1, you can go to USCIS site and can read what is EB1 and what is EB2 or Petition under exceptional abilities
The answer should be "No, E26 does not include EB1". And so, I am back to my original question --
can Service Center just change the category of a filed petition from EB1 to EB2?
---------------- if you filed I-485 with only EB1 I-140 approval then I-485 is approved based on EB1. if you filed I-485 with I-140 in EB2 then I-485 is approved on EB2 base. I dont know what was the base of your I-140 that was submitted with I-485. if you had two I-140 approvals in EB1 and EB2 you were suppsed to request USCIS to approve the I-485 in EB1 or EB2 and your lawyer was supposed to Interfile EB1 I-140 with your pending I-485 and rquest should have been made to USCIS that pending I-485 reciept3 should be approved on EB1 approved I-140 (by attaching EB1 I-140 approval notice and job offer letter from Employer. I dont have your full details dont know when you entred US on what status, how many LC filed or filing dates or how many I-140 filed or approved and what I-140 was filed with I-485, if request was made to USCIS .
** if your GC has E26 it was approved under EB2 and now you cant do anything. for more info contact your lawyer

Are there anybody to whom this also happened? Thanks!
Click to expand...
---------------------------------
 
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From this discussion above, it sounds as if this mix-up doesn't happen too often :(

My case is fairly simple: I filled i140 in EB1 category (by myself, not employment-sponsored, but with a lawyer) (PD 10-22-2004), got it approved (in March of 2005) and then filed i485 with EB1-approved i140 for AOS in April of 2005.

For AOS, didn't use a lawyer assuming it's quite straightforward from now on.
For all these years, was assuming my case is moving ahead as EB1.
That is why I can't understand how they could have changed the category - without any notice and whether this would have any implications for my husband's approval (and myself as well).
Just got my GC with E26 on it, got curious what it means...
 
gagpol said:
From this discussion above, it sounds as if this mix-up doesn't happen too often :(

My case is fairly simple: I filled i140 in EB1 category (by myself, not employment-sponsored, but with a lawyer) (PD 10-22-2004), got it approved (in March of 2005) and then filed i485 with EB1-approved i140 for AOS in April of 2005.

For AOS, didn't use a lawyer assuming it's quite straightforward from now on.
For all these years, was assuming my case is moving ahead as EB1.
That is why I can't understand how they could have changed the category - without any notice and whether this would have any implications for my husband's approval (and myself as well).
Just got my GC with E26 on it, got curious what it means...
Click to expand...

http://www.uscis.gov/files/article/Bull14final110303.pdf

what is your field in "extraordinary ability"?
If I-140 was approved INA Section 203(b)(1)(A) 8 CFR 204.5 then it has to EB1
If I-140 was approved INA Section 203(b)(1)(B) 8 CFR 204.5 then it has to be EB2.
May be mistake of USCIS. Or on form I-485 you may have ticked wrong box or USCIS officer may have written left side of I-485 form PREFRENCE 203(b)(1)(B).
If you have the copy of your I-485 filing form you can check on your I-485 form and copy of the cover letter what you wrote on it and can write to USCIS for your spouse I-485 pending that your I-140 was under EB1203(b)(1)(A) 8 CFR 204.5 and your spouse Pending I-485 reciept#... should be approved as spouse of EB1 not of EB2, point out the mistake on your Card and if you want you can file form I-90 with optionD to get your card corrected. better attach copy of I-140 approval notice and copy of your I-485 form that you submitted and on cover letter explain what is the mistake and inform them that Code is wrong on the Card and it should be E16 and not E26
 
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Thank you, ginnu!!! Very helpful suggestions!
My EB1 was in biology (computational biology, HIV studies etc) (same for EB2, as NIW).

Just called USCIS, they said I need to send the card back to them with i-90 and other docs if I think there was an error. I am going to go to the local office through Infopass and make sure that this indeed is considered mistake, and also to clarify what I should do for my husband case (as he is obviously in the wrong "line" for EB2)
 
gagpol said:
Thank you, ginnu!!! Very helpful suggestions!
My EB1 was in biology (computational biology, HIV studies etc) (same for EB2, as NIW).

Just called USCIS, they said I need to send the card back to them with i-90 and other docs if I think there was an error. I am going to go to the local office through Infopass and make sure that this indeed is considered mistake,
----------- take the Card and Copy of your I-140 approval notice under EB1, copy of your I-485 filing form , show that to officer and those who are at window dont know much about Codes (they are not lawyers) and you can ask for supervisor. Local office may not be be of much help if I-485 was approved by service center. at window they may say it does not matter if it is E16 or E26 on the the card, inform them why does it matter to you and they may inform you to file form I-90 with service center
and also to clarify what I should do for my husband case (as he is obviously in the wrong "line" for EB2)
Click to expand...
-----------------

update us after your visit.
 
Update: went to the local Cleveland office, the lady there at first asked whether I have an advanced diploma for EB-2. After I pointed out the difference between EB-1 and EB-2, she said I need to file i-90 for replacement. Basically, she was agreeing with everything I said, but seemingly without any understanding of the issue (i.e., yeah, yeah, whatever you say).

I am going to do just what ginnu suggested, file i-90 and include cover letter (etc) regarding the wrong code and my husband's petition. Wish me luck. :)
 
gagpol said:
Update: went to the local Cleveland office, the lady there at first asked whether I have an advanced diploma for EB-2. After I pointed out the difference between EB-1 and EB-2, she said I need to file i-90 for replacement. Basically, she was agreeing with everything I said, but seemingly without any understanding of the issue (i.e., yeah, yeah, whatever you say).
--they dont know much
I am going to do just what ginnu suggested, file i-90 and include cover letter (etc) regarding the wrong code and my husband's petition. Wish me luck. :)
Click to expand...

--- file the I-90 with option D, send the card, and write on cover letter your Name, A#, DOB, address and explain what is wrong on the card also attach copy of your I-140 approval notice and copy of I-485 form. that is just for correction on your Card.
what is your service center that approved your I-485?
 
Update a month-and-a-half later:
- just received my new GC, and don't know whether to laugh or cry :confused: It is exactly the same, in the same E26 category as before ('though they did reprint it, you can see that by the numbers) :(

I also received a letter from TSC, stating that they reviewed my i-90 application for replacement, found that the card had errors on it and it was an administrative error on their part, and will issue me a new card (and they did).

Should I repeat the (i-90) process again? (and again, and again ?!, until I get what I want - or rather, what SHOULD be there in the first place). I just realized that in my cover letter I pointed out what was the error, but never said what the correct answer is. Silly me, I thought it would be impolite to give direct orders :rolleyes:

On a serious note, I am considering writing another letter, this time addressed to the Director of TSC (who is supposedly made the decision regarding the replacement and that it was indeed an error), without the i-90 form and without the GC (I'd like to carry it in my valet for a while, enjoying the long-awaited moment) - asking for his advice.

Any thoughts?

Thanks!!!
 
I am in more or less same situtaiton

I am more or less in the same situation. My Labor Certification is filed in EB3( BS with 2 plus years of experience). The company does not want to take risk hence filed in EB3 category.
After the labor certification is approved I filed my I140 in EB2 with the appropriate documentation qualifying for the upgraded/change position with additional skills and my I140 got approved in EB2 and the approval has 203 (b) 2.
After filing I485, interview is scheduled and the officer satisfied that the documents are sufficient and I am approveable the Immigration Officer requested visa number and came back saying no visa number is available hence we need to wait. At the time of interview(Ocotber 2005) both EB3 and EB2 are retrogressed. The officer did not give any sort of documents hence did not know anything such what category he requested what code did he use.
In July 27th the Immigration Officer mentioned that the previous officer requested the visa number in EB3(E37). I spoke with an attorney who said that it is possible to change and hence taken the steps to correct the error/mistake of wrong EB Category.Because of this wrong category I did not get visa number.
What are my chances that the USCIS goes back and corrects the error and put back in EB2 and request number in E21 or E26.I already sent the letters of my I140 approval, receipt of I140. What process should I take apart from reaching out CIS Ombudsman, Congresswoman,Senator,self letter addressing to the USCIS about the error and the potential long waiting periods for no fault of mine.
Any suggestions?
 
gagpol said:
Update a month-and-a-half later:
- just received my new GC, and don't know whether to laugh or cry :confused: It is exactly the same, in the same E26 category as before ('though they did reprint it, you can see that by the numbers) :(

I also received a letter from TSC, stating that they reviewed my i-90 application for replacement, found that the card had errors on it and it was an administrative error on their part, and will issue me a new card (and they did).

Should I repeat the (i-90) process again? (and again, and again ?!, until I get what I want - or rather, what SHOULD be there in the first place). I just realized that in my cover letter I pointed out what was the error, but never said what the correct answer is.
------------------ you should have written what is wrong and what is correct and what should be on Card and why it should be on the card what correction you ask them to make.

Silly me, I thought it would be impolite to give direct orders :rolleyes:

On a serious note, I am considering writing another letter, this time addressed to the Director of TSC (who is supposedly made the decision regarding the replacement and that it was indeed an error), without the i-90 form and without the GC (I'd like to carry it in my valet for a while, enjoying the long-awaited moment) - asking for his advice.
---------------------- I dont think you will get reply to your letter, if you send I-90 again then they may correct it
Any thoughts?

Thanks!!!
Click to expand...
You must involve CIS Ombudsman, congressman/Congresswoman, Senator and explain full details and mistake of USCIS attach copy of evidence also write letter to your service center Director (certified return receipt)
Write clearly your full details and explain what is wrong on the card with name, A#, DOB Attach the copy of I-140 approval, copy of I-485 approval and copy of GC.
*****Update us
 
Ginnu, UN - can you comment on this and advise if any?

gcrayudu said:
I am more or less in the same situation. My Labor Certification is filed in EB3( BS with 2 plus years of experience). The company does not want to take risk hence filed in EB3 category.
After the labor certification is approved I filed my I140 in EB2 with the appropriate documentation qualifying for the upgraded/change position with additional skills and my I140 got approved in EB2 and the approval has 203 (b) 2.
After filing I485, interview is scheduled and the officer satisfied that the documents are sufficient and I am approveable the Immigration Officer requested visa number and came back saying no visa number is available hence we need to wait. At the time of interview(Ocotber 2005) both EB3 and EB2 are retrogressed. The officer did not give any sort of documents hence did not know anything such what category he requested what code did he use.
In July 27th the Immigration Officer mentioned that the previous officer requested the visa number in EB3(E37). I spoke with an attorney who said that it is possible to change and hence taken the steps to correct the error/mistake of wrong EB Category.Because of this wrong category I did not get visa number.
What are my chances that the USCIS goes back and corrects the error and put back in EB2 and request number in E21 or E26.I already sent the letters of my I140 approval, receipt of I140. What process should I take apart from reaching out CIS Ombudsman, Congresswoman,Senator,self letter addressing to the USCIS about the error and the potential long waiting periods for no fault of mine.
Any suggestions?
Click to expand...


Ginnu, UN - can you comment on this and advise if any?
 
gcrayudu said:
Ginnu, UN - can you comment on this and advise if any?
Click to expand...

You must involve CIS Ombudsman, congressman/Congresswoman, Senator and explain full details and mistake of USCIS officer attach copy of evidence also write letter to your service center Director (certified return receipt)
Write clearly your full details and explain what is wrong with your case write name, A#, DOB Attach the copy of I-140 approval,your lawyer should also take action.
 
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