Hi,
I filed I140/I485 in EB2 in Nov, 2002. I got my first RFE for I140 a couple of weeks ago. It requires a statement from the company, specifying whether the experience requirement for the position is "progressive" or not. My boss refused to classify the experience requirement as "progressive". So my question is, is it possible to amend I140, change it from EB2 to EB3 without refiling I140? The labor certificate says the job needs BS + 5 years experience, it does not say whether it will be treated as EB2 or EB3. Also, if it is rejected because the I can not change category at this time, can I file I140 again in EB3 category with the same labor certificate? How is the chance for success?
Anybody with the same experience, please help!
I filed I140/I485 in EB2 in Nov, 2002. I got my first RFE for I140 a couple of weeks ago. It requires a statement from the company, specifying whether the experience requirement for the position is "progressive" or not. My boss refused to classify the experience requirement as "progressive". So my question is, is it possible to amend I140, change it from EB2 to EB3 without refiling I140? The labor certificate says the job needs BS + 5 years experience, it does not say whether it will be treated as EB2 or EB3. Also, if it is rejected because the I can not change category at this time, can I file I140 again in EB3 category with the same labor certificate? How is the chance for success?
Anybody with the same experience, please help!