140 Downgraded to EB3. How this affects me :|

G

GeeSeeNothing

Registered Users (C)
Friends,

My laor got approved as EB2. Later when my attorney filed my 140 in EB2 it got rejected due to educational req's. My attorney filed again under EB3 by downgrading it (which is still pending BTW).
I dont understand how this downgrading works and I dont know how this affects my ongoing 485 process AND on-my-way EAD.

I am confused because when you look for news..there are many scary news out there. so Please share your experiance and advise.

Thx much in advance.:)
 
Your original I-485 will be processed under EB3. EB categorization is determined on the I-140 stage. The approval of the I-485 will have a possible impact - this will be approved only when your priority dates become current. This link maybe of some help.
 
Thanks much for reply.

Another doubt in same-line > Is it OK if I switch company after getting my EAD or thats not recommanded in such case?
 
GeeSeeNothing said:
Friends,

My laor got approved as EB2. Later when my attorney filed my 140 in EB2 it got rejected due to educational req's. My attorney filed again under EB3 by downgrading it (which is still pending BTW).
I dont understand how this downgrading works and I dont know how this affects my ongoing 485 process AND on-my-way EAD.

I am confused because when you look for news..there are many scary news out there. so Please share your experiance and advise.

Thx much in advance.:)
Click to expand...

why it was downgraded?what were the requirements in LC?
 
hi manwithnoname,
are you saying that when I-140 is refiled under EB3 catergory (after original I-140 under EB2 was denied), I-485 will still be intact and will be processed as an EB3????????? wouldnt the I-485 also get denied just because I-140 under EB2 was denied????
My I-140 was denied under EB2 on dec 3rd and my company attorney is refiling a new I-140 under EB3 this week. They are not really sure what will happen to my pending I-485 and my approved EAD/AP....
is there a way to link the new I-140 to pending I-485?? if yes, can you tell me how?
I would be really greatful to if you please reply to this one...

many thanks
 
Yes it will be denied. I have had this experience before the July bulletin. My 1-140 was denied because it was not filed on the appropriate category. My lawyer did file MTR but was denied. So the whole application :1-485, 131, 1-765(both self and spouse) were denied. I was lucky to file a new application based on the second July bulletin. You can file a new application if your priority date is current.
 
curious21 said:
hi manwithnoname,
are you saying that when I-140 is refiled under EB3 catergory (after original I-140 under EB2 was denied), I-485 will still be intact and will be processed as an EB3????????? wouldnt the I-485 also get denied just because I-140 under EB2 was denied????
My I-140 was denied under EB2 on dec 3rd and my company attorney is refiling a new I-140 under EB3 this week. They are not really sure what will happen to my pending I-485 and my approved EAD/AP....
is there a way to link the new I-140 to pending I-485?? if yes, can you tell me how?
I would be really greatful to if you please reply to this one...

many thanks
Click to expand...

You still have a chance if you can refile promptly and the I-140 status is re-instated.
 
hi manwithnoname,
my company attorney is refiling I-140 under EB3 category tomorrow i.e., 18th dec. he is mentioning in the cover letter to USCIS to link this new I-140 to pending I-485. he said the decision is upto the USCIS whether to deny or accept pending I-485...

do i still have a chance? my PD is 2006...I'll have to wait may be 6yrs to file I-485 :(
 
140 denial

hi all
Curious21,
what was the reason your 140 was denied under EB2? I am in the same situation.. what is the current stage of yr 140..
My 140 is denied on jan16 (exactly one year after I got a receipt notice) stating that my LC says position requires MS or BS+2yrs. but according to INS MS is equivalent to BS +5yrs. so they denied because this position does not require a MS(advanced degree)
My LC was approved in oct 2006
I have a Master's and do not have 5yrs of experience at the time of application.

My Lawyer suggests that I do a MTR/appeal along with a new LC supporting the above to avoid discrepancy between DOL and INS. He also says that most of such denials are at NSC. many other applicants with similar situation at TSC have been approved.
I wonder why lawyer did not give me one of the options to apply for new 140 under EB3.

please advice..thank you
 
I was exactly in the same boat. my employer didnt want to file a MTR. so they filed a new I-140 under EB3 in dec'07. it is still pending.
 
I've never heard of "down-grading" an I-140. The decision to be EB2/EB3 is the FIRST decision made before filing the (step 1) labor certification (i.e., requiring a bachelor's - EB3, requiring a master's - EB2, with more specifics obviously) - you simply check the corresponding box as to whether or not the LC was an EB2 or EB3 on the I-140. That is really weird to me to hear of this that you are talking about. I would be very interested to see how this pans out.
 
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