140 applied in EB2, RFE to change to EB3, but approval in EB2

R

Ravip_27

Registered Users (C)
Hi Guys
  I had applied for my I-140 in EB2 category in April(VSC centre). In Oct I got RFE which asked us to change the category to EB3. Replied to RFE in Oct, agreeing for the change to EB3(as my date was current in that category also). Today I got an approval which says that it\'s approved for EB2.!!!!!
My question is should I file my 485 under EB3 or EB2? My date is current in EB3 also. By filling in EB3 will it cause any issue like it should have been applied for EB2 etc..?

Please advise....

Ravi
 
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Welcome to the group, I suggest you apply in EB3. Try getting an amended I-140 to indicate that you want to be in EB3. this should be an expedited process 4-6 weeks.
This is exactly what happened to me. As per my lawyer if dates are current in both EB2 and EB3 it does not matter.
Another suggestion- when you are going for amended I-140, change it to Consular Processing. If you do that you can avoid the whole Attorney certified 140 and the I-924 nonsense.
thanks to this piece of advice you may get your GC within 6 months
 
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Hi Aditya
  Is it necessary to file an amended 140? Can\'t I use the existing I-140 approval and file under EB3.

Ravi
 
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I am not a lawyer, so do not take it as legal advice. What happens if you wait for 18 months of 485 and then they tell you that you have filed in the wrong category?? By not asking for amendment now,You may lose 3-6 months or the whole 18 months in responding to the query.
Can you file for CP with the current I-140? Any reason why you do not want CP. Is your H1 running out soon? And you need EAD.
Think carefully before going ahead and filing for 485.
Talk to a lawyer- try Ron gotcher Imminfo.com and get a second opinion also.
 
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Hi Aditya
The reason I do not want to do CP is that my H1 is running out in April. Also this case already took long to get approved as it was a substitution case. How long did it take you to get the ammended I-140?

Does it hurt if apply in a lower category?

Thanks
Ravi
 
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I just now tallked to my lawyer and he said that it should not be a problem to file in EB3 and that we will mention in the file while applying for 485. He said the categories are important only for priority dates and nothing else.

Ravi
 
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What he does may be correct, what he is saying is not. The I140 is readjudicated again at the time of I485. So it category does matter.
No I could not go for an amended I140, later found out - imminfo.com etc.. that is the right way to do.
Even my lawyer said the same thing - it shouldn\'t matter, I will find out in 6 months.
 
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Hi Guys

Even in my case I-140 was applied in EB2. After RFE for education evaluation my attorney sent amendment to change the category to EB3. Nevertheless INS approved my case under EB2. Well that time I was surprised and I thought myself to be lucky. And my attorney filed I-485, DEC\'99, in EB2.

Couple of weeks back I had discussion with my attorney on this issue, he told me that INS cannot reject my I-485 since I-140 was approved under EB2. In case of RFE for this reason, it can be argued and finally it should go through.

Could there be any potential problem or I-485 be rejected as it was filed in EB2? If yes do need to start all over again i.e. refilling I-140, I-485.....

I would appreciate your feed back.

Thanks In Advance
 
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Hi Bhim
 I am not planning to file in EB2 but will file in EB3. I called couple of IIO today and evry body gives a different answer. One said since it is EB2 you should file in EB2.When I asked them about the problem resurfacing in 485 she said that it should not be a problem as the approval says EB2. Another IIO said that my application has been approved in EB3 and if notice says it is EB2 then the company needs to write a letter asking for the correction or call them and talk. So based on this I called my lawyer and he said that he will talk to them (not sure if he will call) but he also said that we write a letter while filing 485 that this is suppose to be EB3 case.
I am for sure filing in EB3 and not in EB2.

Thanks
Ravi
 
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Hi Ravi

Thanks for your feedback.

I am still in the dark and not sure whether my case will be approved or will have problem.

Well hopping for the best.

Bhim
 
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Hi guys,
 I\'m not sure if we have to specify EB2 or EB3 at the time of filing 485 but it does seem to matter. I have same issue. Applied I-140 in EB2, was denied, lawyer filed with EB3 got approval in EB2. based on this approval I filed 485 in Apr. 99. I haven\'t heard from INS after that and the reason for that could be that they are taking up my case as EB3 where my priority date is not current. So be careful and discuss this matter with your lawyer very carefully. Here\'s my detail FYI. PD 7/97, 485 RD-4/99, ND-5/99, FP-3/00
Thanks,
Ashish
 
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Hi Ashish

I have all I-485 documents with me that were filed. I think there is some columns where you have to specify the EB category.

Is it okay if we talk on this issue since my case is exactly the same as yours? If possible email me at sunilgt@yahoo.com.

Thanks
 
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