Amended I-140 Approved after "Intent to Deny"

B

Brar

Registered Users (C)
PD Jan \'97
ND Aug \'98
FP Feb \'99.

VSC approved my amended I-140 under EB3. Originally approved for I-140 under EB2 in July \'98 and had been waiting at the I-485 stage since Aug \'98. In September 2000, received the "Intent to Deny" notice as VSC claimed that I was erroneously approved for EB2 and as per my LCA (Bachelor + 5years or Masters + 1 year experience), I should have been a EB3. My attorney replied with a letter asking them to approve me under EB3 without having to start from scratch and lose 2 years. It worked for us and now I am back at the 485 stage.

My question is that do I have to reapply for I485 under EB3 or VSC will amend my original application. Also, I am assuming that my FP would have expired by now and need to do them again. Thanks in advance for your insights.
 
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scary!!!!, are you saying that they look at your Labor Approval , I140 approval again at time of I485 approval and denied Eb2 I140?

or you had to redo I140 for company change?and that time came across the this Eb2/Eb3 issue?

can you please clarify?

thanks

-vscsept99
 
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I do not think change in category will effect I485 because we can also have multiple I140 in different categories with one I485. So with this logic change in category should be okay
 
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There was no issue of name change in my case. VSC actually went back and re-examined my I-140 approval and raised their flag after they made me wait for 2 years at 485 stage. My attorney claims that she has never seen that happen in any of her cases. I guess they paid attention to our reply and realized their mistake in issuing me a "intent to deny". I think I am probably the oldest case waiting with a Aug \'98 ND.
 
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Brar,

As per a memo (Pearson Memo) from the INS HO, substitution of I-140s against pending I-485 petitions is allowed. Do a search on www.murthy.com with \'Pearson\' and then confer with your attorney regarding its applicability to your case.

Good luck.
 
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Brar,
 Please keep us updated on your 485 progress. I may be in the same boat as you are with EB2/EB3 mess up.
 
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Refer to Immigration-law..The INS HQ has now clarified that BS + 5 comes under EB2 category..I dont know why VSC still considers your case as EB3
 
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Just as a clarification, SC approved and amended the original I-140 from EB2 to EB3. They did not ask me to reapply though I did file another EB3 application, just to be safe. Now, hoping that I have fulfilled all their requirements and they will approve my case. You never know !!
 
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Hi Brar,

The substitution of the EB-2 with EB-3 would not affect the I-485 process as long as your attorney notifies to the SC about this change with the 485 application. And, since your PD is current even in the EB-3 qualification, this change should not affect your approval. Good luck!

Sprint
 
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