Ammended I-140 - help

Bapu_51

Registered Users (C)
My I-140 and I-485 was filed concurrently in Dec 2002. I-140 got approved in EB2 in Dec 2004. Then 485 was stuck in Name check process. In october 2006 got 3rd FP so contact senator for status of I-485. VSC replied that my case is in EB3 and visa number is not available so case cannot be approved at this time. On explaining VSC through senator that I had an approval in EB2, VSC sent an ammended I-140 saying case is approved in EB3 in March 2007. Can I convert this case back to EB2?
 
do you have attorney? did you get RFE for your I-140 (EB-2) before you got the approval. did you go through the RFE completely? If there is no RFE then you check your I-140 application that you sent. post your RFE details if there is any.
 
I had an RFE before I-140 was approved. RFE mentioned that we cannot approve this in EB2 and will be approved in EB3. My lawyer replied to this RFE saying my education (10+2+4) and 5 yr of experience qualifies me for EB2 approval and based on this case was approved in EB2. Strange thing is after 2 years they realised this and changed back to EB3.
 
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