140 RFE: Can I change EB2 to Eb3?

sriram1975

Registered Users (C)
Hi all
My turn to seek help! My RFE is on its way.
My question is, can my Attorney change it to EB3 at this point? I already have an EAD, AP. Can I renew my EAD, AP if USCIS allows me to change to EB3 or I have to wait till the PD becomes current.

Thanks for your time. :confused:
 
Last edited by a moderator:
Finally received my RFE Notice:

Here is my RFE.
I have a question. One of my Employer's letter has no contact information. Is that ok? Or is it better to get one again? Should I attach my W2 if it will be a problem to have W2 earnings less than labor? I think they are asking for either company tax info or my W2?

Tks.


My RFE:
1) Submit additional evidence to establish that you continue to have the financial ability to pay the offered wage as of Dec 2003. Submit a copy of the beneficiary's W-2 wage earnings statement. OR you may submit audited profit/loss statements, bank account records, and/or personnel records.
2) Submit a statement with the number of employees you had in Aug'04. You did not complete this item on the petition in Part 5, item #2.
3) The Education Evaluation submitted indicates that the beneficiary holds the equivalent of a Master's degree with a bachelor's degree and five years work experience. Submit a copy of the mployment letters used for the evaluation. The employment letters should include:
- Be submitted on the employers letter-head that must include the employer's address and phone number.
- Be dated.
- Be signed by a representative such as a supervisor or personnel officer; and
- Clearly state the period(s) of employment, position title(s) held by the beneficiary and duties performed by the beneficiary during the specific period(s) of employment.
 
Last edited by a moderator:
I am also looking for the answer for your question. I am getting 10k less than what is specified in pre-approved labor. Will it be a problem when it comes for 140 approval stage? Gurus help us.
 
Well I found out that my H1B Labor is > my GC Labor as it is not the same state as my H1B state. So I'm safe with my W2 as it is over the labor indicated figure.
 
Last edited by a moderator:
sriram1975,
Did you ask your lawyer about this? Will it be a problem if it is less? As per my understanding it should not be a problem? I have seen few Gurus saying that we should get the pay which is in labor once the GC approved.

Gurus please reply if thats incorrect....
 
HARRY007 said:
sriram1975,
Did you ask your lawyer about this? Will it be a problem if it is less? As per my understanding it should not be a problem? I have seen few Gurus saying that we should get the pay which is in labor once the GC approved.

Gurus please reply if thats incorrect....

Yeah. I asked my attorney about my W2 being lower than labor. She replied that since my GC salary is lower than my earnings for 2004 there should be no problems. I think it is ok for the W2 to be lower than labor salary by 5-10 % as it can be argued that range could be reached by the time GC is approved. But my attorney didnt answer that question though. It is my opinion.
 
Last edited by a moderator:
Thanks sriram1975 for sharing the info. I asked my lawyer. He replied that "the fee shown on labor is to be paid, when you are gc approved, not before". That makes clear that we do not need to match our current pay with labor pay.

I hope thats true. If otherwise I will have problem later..... :eek:
 
Top